Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/56

52 Schedule 2—Delivery up of persons subject to criminal proceedings, &c. Part 2—Extradition proceedings (3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order.

Power to suspend or revoke warrant or order

10 (1) Where a court makes a delivery order in respect of a person—
 * (a) who has been committed under section 9 of, or paragraph 7 of Schedule 1 to, the Extradition Act 1989 (c. 33), or
 * (b) who has been ordered to be delivered up under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45),

the court may make any such order as is necessary to enable the delivery order to be executed.

(2) The court may, in particular, suspend or revoke any warrant or other order made by a court or judicial officer in respect of the person.

Meaning of “other delivery proceedings”

11 In this Part of this Schedule “other delivery proceedings” means proceedings before a court in the United Kingdom for a delivery order under—
 * (a) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or
 * (b) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296);

and “the relevant International Tribunal”, in relation to such proceedings, means the international tribunal to which the Order in question relates.

Delivery proceedings in England and Wales

12 (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) other delivery proceedings against that person are pending or in progress before a court in England and Wales,

the Secretary of State shall consult the ICC and the relevant International Tribunal.

(2) The Secretary of State shall inform the court of the request and of the outcome of the consultations.

(3) 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 under this Part of this Act.

(4) If a delivery order is made under this Part of this Act and the other delivery 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 other delivery proceedings shall be discontinued.