International Criminal Court Bill - continued        House of Lords
PART II, ARREST AND DELIVERY OF PERSONS - continued

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Request for transit and unscheduled landing
Request for transit.     21. - (1) This section applies where the Secretary of State receives a request from the ICC for transit of a person being surrendered by another state.
 
      (2) If the Secretary of State accedes to the request-
 
 
    (a) the request shall be treated for the purposes of this Part as if it were a request for that person's arrest and surrender,
 
    (b) the warrant accompanying the request shall be deemed to have been endorsed under section 2(3), and
 
    (c) the person to whom the request relates shall be treated on arrival in the United Kingdom as if he had been arrested under that warrant.
      (3) In relation to a case where this section applies-
 
 
    (a) the reference in section 5(2)(a)(i) to the warrant having been duly endorsed under section 2(3) shall be read as a reference to the Secretary of State having acceded to the request for transit; and
 
    (b) section 12(1) (right to review of delivery order: period for making application) shall have effect as if the reference to 15 days (the period during which directions to execute delivery order are not to be given) were a reference to two days.
      (4) A person in transit under this section shall not be granted bail.
 
Unscheduled landing.     22. - (1) If a person being surrendered by another state makes an unscheduled landing in the United Kingdom, he may be arrested by any constable and shall be brought before a competent court as soon as is practicable.
 
      (2) The court shall remand him in custody pending-
 
 
    (a) receipt by the Secretary of State of a request from the ICC for his transit, and
 
    (b) the Secretary of State's decision whether to accede to the request.
      (3) If no such request is received by the Secretary of State before the end of the period of 96 hours beginning with the time of the arrested person's unscheduled landing-
 
 
    (a) the Secretary of State shall forthwith notify the court of that fact, and
 
    (b) the court shall, on receipt of the notification, discharge the arrested person.
      (4) If the Secretary of State receives such a request before the end of that period, he shall notify the court without delay of his decision whether to accede to the request.
 
      (5) If the Secretary of State notifies the court that he has decided to accede to the request-
 
 
    (a) the court shall, on receipt of the notification, terminate the period of remand, and
 
    (b) the provisions of section 21 (request for transit) apply with the substitution for the reference in subsection (2)(c) to the time of arrival in the United Kingdom of a reference to the time of notification to the court.
      (6) If the Secretary of State notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification, discharge the arrested person.
 
      (7) In the applications of subsections (3) to (6) to proceedings in Scotland, any duty of the Secretary of State to notify the court shall be read as a duty to notify the Scottish Ministers who shall forthwith notify the court accordingly.
 
 
Supplementary provisions
Provisions as to state or diplomatic immunity.     23. - (1) Any state or diplomatic immunity attaching to a person by reason of a connection with a state party to the ICC Statute does not prevent proceedings under this Part in relation to that person.
 
      (2) Where-
 
 
    (a) state or diplomatic immunity attaches to a person by reason of a connection with a state other than a state party to the ICC Statute, and
 
    (b) waiver of that immunity is obtained by the ICC in relation to a request for that person's surrender,
       the waiver shall be treated as extending to proceedings under this Part in connection with that request.
 
      (3) A certificate by the Secretary of State-
 
 
    (a) that a state is or is not a party to the ICC Statute, or
 
    (b) that there has been such a waiver as is mentioned in subsection (2),
       is conclusive evidence of that fact for the purposes of this Part.
 
      (4) The Secretary of State may in any particular case, after consultation with the ICC and the state concerned, direct that proceedings (or further proceedings) under this Part shall not be taken against such a person as is mentioned in subsection (1) or (2).
 
      (5) The power conferred by section 1 of the United Nations Act 1946 (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any proceedings such provision corresponding to the provision made by this section in relation to the proceedings, but with the omission-
 
 
    (a) in subsection (1), of the words "by reason of a connection with a state party to the ICC Statute", and
 
    (b) of subsections (2) and (3),
       as appears to Her Majesty to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).
 
      (6) In this section "state or diplomatic immunity" means any privilege or immunity attaching to a person, by reason of the status of that person or another as head of state, or as representative, official or agent of a state, under-
 
 
    (a) the Diplomatic Privileges Act 1964, the Consular Relations Act 1968, the International Organisations Act 1968 or the State Immunity Act 1978,
 
    (b) any other legislative provision made for the purpose of implementing an international obligation, or
 
    (c) any rule of law derived from customary international law.
Delivery up of persons subject to criminal proceedings, &c.     24. Schedule 2 makes provision for cases where the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person-
 
 
    (a) against whom criminal proceedings are pending or in progress before a national court, or who has been dealt with in such proceedings,
 
    (b) against whom extradition proceedings are pending or in progress in the United Kingdom, or in respect of whom a warrant or order has been made in such proceedings, or
 
    (c) against whom proceedings are pending or in progress in the United Kingdom for a delivery order under-
 
      (i) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996, or
 
      (ii) the United Nations (International Tribunal) (Rwanda) Order 1996,
 
    or against whom a delivery order has been made in such proceedings.
Documents having effect as warrants, &c.     25. - (1) For the purposes of this Part the copy of a warrant issued by the ICC that is transmitted to the Secretary of State shall be treated as if it were the original warrant.
 
      (2) Where facsimile transmission is used-
 
 
    (a) for the making of a request by the ICC or the transmission of any supporting documents, or
 
    (b) for the transmission of any document in consequence of such a request,
       this Part applies as if the documents so sent were the originals of the documents so transmitted.
 
  Any such document shall be receivable or, in Scotland, admissible in evidence accordingly.
 
      (3) Where the ICC amends a warrant of arrest, the provisions of this Part apply to the amended warrant as if it were a new warrant.
 
  This does not affect the validity of anything done in reliance on the old warrant.
 
Meaning of "appropriate judicial officer" and "competent court".     26. For the purposes of this Part-
 
 
    "appropriate judicial officer" means-
 
      (a) the Senior District Judge (Chief Magistrate),
 
      (b) a District Judge (Magistrates' Courts) designated for the purposes of this Act by the Lord Chancellor, or
 
      (c) the Sheriff of Lothian and Borders; and
 
    "competent court" means a court consisting of an appropriate judicial officer.
 
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Prepared 13 February 2001