PART IV—ARREST AND SURRENDER OF PERSONS TO ICC
Appeals against Determinations of Eligibility for Surrender
67. (1) If the appeal is against a determination that a person is eligible for surrender, and the Court of Appeal reverses the determination, the Court of Appeal shall also either—
(a) discharge the person; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.
(2) If the appeal is against a determination that a person is eligible for surrender in respect of two or more international crimes, and the Court of Appeal finds that the determination includes an error of law that relates to only one or some of those international crimes, the Court of Appeal may amend the determination and—
(a) discharge the person in respect of that inter¬national crime or those international crimes; or
(b) remit the determination to the High Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that international crime or those international crimes.
(3) Notwithstanding subsections (1) and (2), if an 42
appeal is against a determination that a person is eligible for surrender, and the Court of Appeal finds that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.
(4) If the appeal is against a determination that a person is not eligible for surrender, and the Court of Appeal finds that the determination includes an error of law, the Court of Appeal may—
(a) exercise the powers of a High Court under section 42 as if it were the High Court (for which purpose subsection (2) (c) of that section shall not apply); or
(b) if it remits the determination to the High Court, issue a warrant for the arrest and detention of the person pending the High Court's reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 64 (3) shall apply to any warrant issued under this paragraph as if the warrant were issued under that section.
(5) Subsections (1), (2), and (4) do not limit the operation of section 66.
Appeal against other decisions - national proceedings
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