Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/10

6 Part 2—Arrest and delivery of persons :(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 8Procedure where court refuses order

(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.

9Appeal against refusal of delivery order: England and Wales

(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 (c. 65) (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