Provisional arrest - detention pending surrender

United Kingdom of Great Britain and Northern Ireland

International Criminal Court Act 2001 (2014)

Proceedings on request

4 Dealing with 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) Provision shall be made by Order in Council under paragraph 3 of Schedule 1 (power to make provision to give effect to Rules of Evidence and Procedure) specifying—
(a) the period for which a person may be so remanded at any time, and
(b) the total period for which a person may be so remanded,
having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.
(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) the court shall terminate the period of remand, and
(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.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.