Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/6

2 Part 2—Arrest and delivery of persons Proceedings on request 2Request for arrest and surrender

(1) Where the Secretary of State receives a request from the ICC for the arrest and surrender of a person alleged to have committed an ICC crime, or to have been convicted by the ICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.

(2) If it appears to the Secretary of State that the request should be considered by an appropriate judicial officer in Scotland, he shall transmit the request and the documents accompanying it to the Scottish Ministers who shall transmit them to an appropriate judicial officer.

(3) If the request is accompanied by a warrant of arrest and the appropriate judicial officer is satisfied that the warrant appears to have been issued by the ICC, he shall endorse the warrant for execution in the United Kingdom.

(4) If in the case of a person convicted by the ICC the request is not accompanied by a warrant of arrest, but is accompanied by—
 * (a) a copy of the judgment of conviction,
 * (b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
 * (c) where the person sought has been sentenced, a copy of the sentence imposed and a statement of any time already served and the time remaining to be served,

the officer shall issue a warrant for the arrest of the person to whom the request relates.

(5) In this part a warrant endorsed or issued under this section is referred to as a “section 2 warrant”.

3Request for provisional arrest

(1) This section applies where the Secretary of State receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC.

(2) If it appears to the Secretary of State that application for a warrant should be made in England and Wales—
 * (a) he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and
 * (b) on an application by a constable stating on oath that he has reason to believe—
 * (i) that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
 * (ii) that the person is in, or on his way to, the United Kingdom, an appropriate judicial officer shall issue a warrant for the arrest of that person.