International Criminal Court Bill [H.L.] - continued        House of Lords
PART II, ARREST AND DELIVERY OF PERSONS - continued

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Proceedings where court refuses delivery order
Procedure where court refuses order.     8. - (1) If a competent court refuses to make a delivery order, it shall-
 
 
    (a) make an order remanding the person arrested, and
 
    (b) notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision and of the grounds for it.
      (2) If the court is informed without delay that an appeal is to be brought under section 9 or 10, the order remanding the person arrested shall continue to have effect.
 
      (3) If the court is not so informed, it shall discharge the person arrested.
 
Appeal against refusal of delivery order: England and Wales.     9. - (1) If a competent court in England and Wales refuses to make a delivery order, the Secretary of State may appeal against the decision to the High Court.
 
  No permission is required for such an appeal, which shall be by way of re-hearing.
 
      (2) If the High Court allows the appeal it may-
 
 
    (a) make a delivery order, or
 
    (b) remit the case to the competent court to make a delivery order in accordance with the decision of the High Court.
      (3) If the High Court dismisses the appeal, the Secretary of State may, with the permission of the High Court or the House of Lords, appeal to the House of Lords.
 
  In relation to a decision of the High Court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (appeals to the House of Lords) applies with the omission of so much of subsection (2) of that section as restricts the grant of leave to appeal.
 
      (4) The House of Lords may exercise any of the powers conferred on the High Court by subsection (2) above.
 
      (5) Where a delivery order is made by the High Court or the House of Lords, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes delivery order) apply in relation to that court as they apply to a competent court in England and Wales which makes a delivery order.
 
      (6) An order for the remand of the arrested person which continues in force under section 8(2) shall cease to have effect if the High Court dismisses the appeal and the Secretary of State does not without delay-
 
 
    (a) apply for permission to appeal to the House of Lords, or
 
    (b) inform the High Court that he intends to apply for such permission.
  Subject to that, any such order shall have effect so long as the case is pending.
 
  For this purpose a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to allow a step to be taken out of time) there is no step that the Secretary of State can take.
 
Appeal against refusal of delivery order: Scotland.     10. - (1) If a competent court in Scotland refuses to make a delivery order, the procurator fiscal may appeal against the decision to the High Court of Justiciary by note of appeal.
 
      (2) If the High Court of Justiciary allows the appeal it may-
 
 
    (a) make a delivery order, or
 
    (b) remit the case to the competent court to make a delivery order in accordance with the decision of the High Court of Justiciary.
      (3) Where a delivery order is made by the High Court of Justiciary, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes delivery order) apply in relation to that court as they apply to a competent court in Scotland which makes a delivery order.
 
      (4) An order for the remand of the arrested person which continues in force under section 8(2) shall cease to have effect if the High Court of Justiciary dismisses the appeal.
 
  Subject to that, any such order shall have effect so long as the case is pending.
 
  For this purpose a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to allow a step to be taken out of time) there is no step that the procurator fiscal can take.
 
      (5) In relation to an appeal under this section the High Court of Justiciary may make an order providing for the detention of the person to whom it relates or may grant bail.
 
      (6) Section 177(2) of the Criminal Procedure (Scotland) Act 1995 (disposal of the application for bail) applies for the purposes of such an appeal as it applies for the purposes of an appeal such as is mentioned in section 176 of that Act.
 
 
Proceedings where court makes delivery order
Procedure where court makes order.     11. - (1) Where a competent court makes a delivery order in respect of a person, the court shall-
 
 
    (a) commit the person to custody or on bail to await the Secretary of State's directions as to the execution of the order,
 
    (b) inform the person in ordinary language of his rights under section 12 (right to review of delivery order), and
 
    (c) notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision.
      (2) A person committed to custody under subsection (1)(a) shall be committed to prison or to the custody of a constable.
 
      (3) A court which commits a person to custody under subsection (1)(a) may subsequently grant bail.
 
Right to review of delivery order.     12. - (1) The Secretary of State shall not give directions for the execution of a delivery order until after the end of the period of 15 days beginning with the date on which the order is made.
 
  This does not apply if the person in respect of whom the order is made-
 
 
    (a) waives his rights under this section (see section 13), or
 
    (b) is taken to have done so (see section 7(4)(b)).
      (2) If before the end of that period an application for habeas corpus is made by the person in respect of whom the delivery order is made, or on his behalf, directions for the execution of the order shall not be given while proceedings on the application are still pending.
 
      (3) Proceedings on any such application shall be treated as pending until they are discontinued or there is no further possibility of an appeal.
 
  For this purpose any power of a court to allow an appeal out of time shall be disregarded.
 
      (4) On an application for habeas corpus to which this section applies-
 
 
    (a) the court shall set aside the delivery order and order the person's discharge if it is not satisfied of the matters mentioned in section 5(2), and
 
    (b) the provisions of section 5(4) to (6) apply in relation to the court to which the application is made as they apply to the court that made the delivery order.
      (5) In the application of this section to Scotland references to an application for habeas corpus shall be read as references to the presentation of a Bill of Suspension.
 
Waiver of right to review.     13. - (1) A person in respect of whom a delivery order has been made may waive his right to review of the order.
 
      (2) Waiver of the right to review may be made-
 
 
    (a) by the person himself, or
 
    (b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
      (3) Waiver of the right to review must-
 
 
    (a) be made in writing in the prescribed form or a form to the like effect, and
 
    (b) be signed in the presence of a justice of the peace or, in Scotland, a sheriff.
  The "prescribed form" means that prescribed by rules under section 144 of the Magistrates' Courts Act 1980 or, in Scotland, by the High Court of Justiciary by Act of Adjournal.
 
      (4) Where a person has waived his right to review of the delivery order-
 
 
    (a) no such application as is mentioned in section 12 may be made, and
 
    (b) the order shall be taken for all purposes to be validly made.
      (5) Where a person has waived his right to review, notice of that fact shall be given-
 
 
    (a) if the person is in custody, to the prison governor, constable or other person in whose custody he is;
 
    (b) if the person is on bail, to the officer in charge of the police station at which he is required to surrender to custody.
      (6) For the purposes of subsection (5)(b) notice shall be treated as given if it is sent by registered post, or recorded delivery, addressed to the officer mentioned.
 
 
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