Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/15

International Criminal Court Act 2001 (c. 17) Part 2—Arrest and delivery of persons 17Bail and custody (England and Wales): supplementary

(1) The following provisions apply where a person is granted bail under this Part by a competent court in England and Wales.

(2) Where a court—
 * (a) grants bail but is unable to release the person because no surety or suitable surety is available, and
 * (b) fixes the amount in which the surety is to be bound with a view to the recognizance of the surety being entered into subsequently,the court shall in the meantime commit the person to the custody of a constable.

(3) During the period between the surrender of a person to custody and the end of the period of remand he shall be treated as committed to the custody of the constable to whom he surrenders.

(4) Where it appears to that officer that the end of the period of remand will be unexpectedly delayed, he shall grant the person bail subject to a duty to surrender himself into the custody of the officer in charge of the specified police station at the time appointed for him to do so.The time appointed under this subsection for the person to surrender to custody—
 * (a) shall be a time to be appointed by the officer in charge of the specified police station and notified in writing to the person remanded, and
 * (b) shall not be more than 24 hours before the time at which it appears to that officer that the period of remand is likely to end.

(5) If a person required to surrender to custody in accordance with subsection (4) fails to do so—
 * (a) the court by which he was remanded may issue a warrant for his arrest,
 * (b) provisions of section 14 (effect of warrant of arrest) apply in relation to the warrant, and
 * (c) on his arrest the person shall be brought before the court which shall reconsider the question of bail.

(6) In this section “the specified police station” means the police station specified by the competent court under section 16(1)(b).

18Bail and custody: consultation with the ICC, &c

(1) Where an application for bail is made in proceedings under this Part in England and Wales—
 * (a) the court shall notify the Secretary of State of the application,
 * (b) the Secretary of State shall consult with the ICC, and
 * (c) bail shall not be granted without full consideration of any recommendations made by the ICC.

(2) Where an application for bail is made in proceedings under this Part in Scotland—
 * (a) the court shall notify the Scottish Ministers of the application,
 * (b) the Scottish Ministers shall notify the Secretary of State who shall consult with the ICC and shall notify the Scottish Ministers of any recommendations made by the ICC, and