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International Criminal Court Act 2001 (c. 17) Schedule 2—Delivery up of persons subject to criminal proceedings, &c. Part 1—Criminal proceedings Criminal proceedings in Scotland

3 (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 Scotland,

the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.

(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 shall consult the ICC before giving directions for the execution of the order.

Proceedings before service court

4 (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) proceedings against that person are pending or in progress before a service court,

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

(4) Where the Secretary of State directs that proceedings before a service court shall be discontinued, the court 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 proceedings before a service court in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.

Effect on custodial sentences

5 (1) Where in pursuance of Part 2 of this Act a person who is a prisoner is delivered up—
 * (a) into the custody of the ICC, or
 * (b) into the custody of a state where he is to undergo imprisonment under a sentence of the ICC,