16. (1) The magistrate must not order that a person be held in custody for surrender to the requesting country unless the magistrate is satisfied:
(a) that the requesting country is an extradition country; and
(b) that the surrender offence is an extradition offence; and
(c) as to the identity of the person; and
(d) that the supporting documents have been produced to the magistrate; and
(e) that the supporting documents satisfy the requirements of section 17; and
(f) that surrender should not be refused because the person sought has established an extradition objection.
(2) If the magistrate determines that the person be held in custody for surrender, the magistrate must:
(a) issue a warrant, ordering that the person be committed to prison to await the Minister for Foreign Affair's decision on surrender; and
(b) tell the person that he or she may, within 15 days after the day on which the order is made, seek a review of the order under subsection 18 (1); and
(c) record in writing his or her decision and the extradition offence for which the person should be surrendered; and
(d) give a copy of the record to the person and the Minister for Foreign Affairs.
(3) If:
(a) the magistrate determines that the person be held in custody for surrender for an extradition offence; and
(b) the requesting country has asked that the person also be surrendered for another offence that is not an extradition offence;
the magistrate must ask the person whether the person also consents to being surrendered for that other offence.
(4) If the magistrate determines that the person should not be surrendered to the requesting country, the magistrate must:
(a) order that the person be released; and
(b) tell the Minister for Foreign Affairs in writing of the order and of the magistrate's reasons for determining that the person should not be surrendered.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.