Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/16

12 Part 2—Arrest and delivery of persons :(c) bail shall not be granted without full consideration of any such recommendations.

(3) In considering any such application as is mentioned in subsection (1) or (2) the court shall consider—
 * (a) whether, given the gravity of the offence or offences he is alleged to have committed or, as the case may be, of which he has been convicted by the ICC, there are urgent and exceptional circumstances justifying release on bail, and
 * (b) whether any necessary measures have been or will be taken to secure that the person will surrender to custody in accordance with the terms of his bail.

19Discharge of person not delivered up

(1) If the person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, an application may be made, by him or on his behalf, for his discharge.

(2) The application shall be made—
 * (a) in the case of an order made in England and Wales, to the High Court;
 * (b) in the case of an order made in Scotland, to the High Court of Justiciary.

(3) On an application under this section the court shall order the person’s discharge unless reasonable cause is shown for the delay.

20Discharge of person no longer required to be surrendered

(1) Where the ICC informs the Secretary of State that a person arrested under this Part is no longer required to be surrendered—
 * (a) the Secretary of State shall notify an appropriate judicial officer of that fact, and
 * (b) that officer shall, on receipt of the notification, make an order for his discharge.

(2) Where the person was arrested in Scotland, the Secretary of State shall inform the Scottish Ministers who shall notify an appropriate judicial officer. Request for transit and unscheduled landing 21Request for transit

(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—