ANNEX 1
Article 2(1)
EXTENSION OF THE PROVISIONS OF THE INTERNATIONAL CRIMINAL COURT ACT 2001, WITH EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS, TO THE TERRITORIES LISTED IN ANNEX 2
PART 1
THE INTERNATIONAL CRIMINAL COURT
5. The ICCICC and the ICCICC Statute
(1) In this Act–
“the ICCICC” means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;
“the ICCICC Statute” means that Statute; and
“ICCICC crime” means a crime (other than the crime of aggression) over which the ICCICC has jurisdiction in accordance with the ICCICC Statute.
(2) References in this Act to articles are, unless otherwise indicated, to articles of the ICCICC Statute.
(3) Schedule 1 to this Act contains supplementary provisions relating to the ICCICC.
PART 2
ARREST AND DELIVERY OF PERSONS
Proceedings on request
6. Request for arrest and surrender
(1) Where the Governor receives a request from the ICCICC for the arrest and surrender of a person alleged to have committed an ICCICC crime, or to have been convicted by the ICCICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.
(2) Omitted
(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 ICCICC, he shall endorse the warrant for execution in the Territory.
(4) If in the case of a person convicted by the ICCICC the request is not accompanied by a warrant of arrest, but is accompanied by–
(a)
(a) a copy of the judgment of conviction,
(b)
(b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
(c)
(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”.
7. Request for provisional arrest
(1) This section applies where the Governor receives from the ICCICC a request for the provisional arrest of a person alleged to have committed an ICCICC crime or to have been convicted by the ICCICC.
(2) If it appears to the Governor that application for a warrant should be made in the Territory–
(a)
(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)
(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 ICCICC for the arrest of a person, and
(ii) that the person is in, or on his way to, the Territory,
an appropriate judicial officer shall issue a warrant for the arrest of that person.
(3) Omitted
(4) Where an appropriate judicial officer issues a warrant under this section, he shall notify the Governor that he has done so.
(5) In this Part a warrant issued under this section is referred to as a “provisional warrant”.
8. Dealing with a person arrested under provisional warrant
(1) A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.
(2) If there is produced to the court a section 2 warrant in respect of that person, the court shall proceed as if he had been arrested under that warrant.
(3) If no such warrant is produced, the court shall remand him pending the production of such a warrant.
(4) Any provision made by Order in Council under paragraph 3 of Schedule 1 to this Act as it applies in the United Kingdom (power to make provision to give effect to Rules of Evidence and Procedure) specifying–
(a)
(a) the period for which a person may be so remanded at any time, and
(b)
(b) the total period for which a person may be so remanded,
shall likewise apply in the Territory.
(5) If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him–
(a)
(a) the court shall terminate the period of remand, and
(b)
(b) he shall be treated as if arrested under that warrant–
(i) if he was remanded in custody, at the time the warrant was produced to the court;
(ii) if he was remanded on bail, when he surrenders to his bail.
(6) If no such warrant is produced to the court before the end of the period of the remand (including any extension of that period), the court shall discharge him.
(7) The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.
9. Proceedings for delivery order
(1) A person arrested under a section 2 warrant shall be brought before a competent court as soon as is practicable.
(2) The competent court shall make a delivery order if it is satisfied–
(a)
(a) that the warrant–
(i) is a warrant of the ICCICC and has been duly endorsed under section 2(3), or
(ii) has been duly issued under section 2(4), and
(b)
(b) that the person brought before the court is the person named or described in the warrant.
(3) A “delivery order” is an order that the person be delivered up–
(a)
(a) into the custody of the ICCICC, or
(b)
(b) if the ICCICC so directs in the case of a person convicted by the ICCICC, into the custody of the state of enforcement,
in accordance with arrangements made by the Governor.
(4) In the case of a person alleged to have committed an ICCICC crime, the competent court may adjourn the proceedings pending the outcome of any challenge before the ICCICC to the admissibility of the case or to the jurisdiction of the ICCICC.
(5) In deciding whether to make a delivery order the competent court is not concerned to enquire–
(a)
(a) whether any warrant issued by the ICCICC was duly issued, or
(b)
(b) in the case of a person alleged to have committed an ICCICC crime, whether there is evidence to justify his trial for the offence he is alleged to have committed.
(6) Whether or not it makes a delivery order, the competent court may of its own motion, and shall on the application of the person arrested, determine–
(a)
(a) whether the person was lawfully arrested in pursuance of the warrant, and
(b)
(b) whether his rights have been respected.
(7) In making a determination under subsection (6) the competent court shall apply the principles which would be applied on an application for judicial review.
(8) If the competent court determines–
(a)
(a) that the...