Part 2—Arrest and delivery of persons
24Delivery up of persons subject to criminal proceedings, &c
Schedule 2 makes provision for cases where the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person—
- (a) against whom criminal proceedings are pending or in progress before a national court, or who has been dealt with in such proceedings,
- (b) against whom extradition proceedings are pending or in progress in the United Kingdom, or in respect of whom a warrant or order has been made in such proceedings, or
- (c) against whom proceedings are pending or in progress in the United Kingdom for a delivery order under—
- (i) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716) , or
- (ii) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),
- or against whom a delivery order has been made in such proceedings.
25Documents having effect as warrants, &c
(1) For the purposes of this Part the copy of a warrant issued by the ICC that is transmitted to the Secretary of State shall be treated as if it were the original warrant.
(2) Where facsimile transmission is used—
- (a) for the making of a request by the ICC or the transmission of any supporting documents, or
- (b) for the transmission of any document in consequence of such a request,this Part applies as if the documents so sent were the originals of the documents so transmitted.Any such document shall be receivable or, in Scotland, admissible in evidence accordingly.
(3) Where the ICC amends a warrant of arrest, the provisions of this Part apply to the amended warrant as if it were a new warrant.This does not affect the validity of anything done in reliance on the old warrant.
26Meaning of “appropriate judicial officer” and “competent court”
For the purposes of this Part—
- “appropriate judicial officer” means—
- (a) the Senior District Judge (Chief Magistrate),
- (b) a District Judge (Magistrates’ Courts) designated for the purposes of this Act by the Lord Chancellor, or
- (c) the Sheriff of Lothian and Borders; and
- “competent court” means a court consisting of an appropriate judicial officer.
