Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/52

48 Schedule 1—Supplementary provisions relating to the ICC ::(c) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland.

(8)An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Rh

Meaning of “criminal proceedings”

1 In this Part of this Schedule “criminal proceedings” means proceedings before a national court—
 * (a) for dealing with an individual accused of an offence,
 * (b) for dealing with an individual convicted of an offence, or
 * (c) on an appeal from any proceedings within paragraph (a) or (b).

Criminal proceedings in England and Wales or Northern Ireland

2 (1) Where—
 * (a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
 * (b) criminal proceedings against that person are pending or in progress before a court in England and Wales or Northern Ireland,

the Secretary of State shall inform the court of the request.

(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.

(3) If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State—
 * (a) shall consult the ICC before giving directions for the execution of the order, and
 * (b) may direct that the criminal proceedings shall be discontinued.

(4) Where the Secretary of State directs that criminal proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—
 * (a) order their discontinuance, and
 * (b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) The discontinuance under this paragraph of criminal proceedings in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.