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

back to previous text
 
Consent to surrender.     7. - (1) A person arrested under this Part may consent to being delivered up into the custody of the ICC or, in the case of a person convicted by the ICC, of the state of enforcement.
 
  This is referred to below as "consent to surrender".
 
      (2) Consent to surrender may be given-
 
 
    (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) Consent to surrender must-
 
 
    (a) be given 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 consent to surrender has been given-
 
 
    (a) a competent court before which the person is brought shall forthwith make a delivery order, and
 
    (b) he shall be taken to have waived his rights under section 12 (right to review of delivery order).
      (5) Where consent to surrender has been given, 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 in England and Wales, 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.
 
 
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 of his rights under section 12 (right to review of delivery order) in ordinary terms and in a language which appears to the court to be one which he fully understands and speaks, 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.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 9 March 2001