Part 2—Arrest and delivery of persons
6Supplementary provisions as to proceedings before competent court
(1) The following provisions apply in relation to proceedings before a competent court under section 5.
(2) In the case of proceedings in England and Wales—
- (a) the court has the like powers, as nearly as may be, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, as if the proceedings were the summary trial of an information against that person;
- (b) if the court adjourns the proceedings, it shall on doing so remand the person whose surrender is sought;
- (c) the proceedings are criminal proceedings for the purposes of Part 1 of the Access to Justice Act 1999 (c. 22) (advice, assistance and representation);
- (d) section 16(1)(c) of the Prosecution of Offences Act 1985 (c. 23) (defence costs on dismissal of proceedings) applies, reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.
(3) In the case of proceedings in Scotland—
- (a) the court has the like powers, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person;
- (b) the provisions of the Legal Aid (Scotland) Act 1986 (c. 47) relating to such proceedings, or any appeal proceedings following thereon, apply to that person.
7Consent to surrender
(1) A person arrested under this Part may consent to being delivered up into the custody of the ICC or, in the case of a person convicted by the ICC, of the state of enforcement.
This is referred to below as “consent to surrender”.
(2) Consent to surrender may be given—
- (a) by the person himself, or
- (b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(3) Consent to surrender must—
- (a) be given in writing in the prescribed form or a form to the like effect, and
- (b) be signed in the presence of a justice of the peace or, in Scotland, a sheriff.
The “prescribed form” means that prescribed by rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43) or, in Scotland, by the High Court of Justiciary by Act of Adjournal.
(4) Where consent to surrender has been given—
