PART 2
ARREST AND DELIVERY OF PERSONS
Warrants, custody, bail and related matters
Bail and custody: consultation with the ICC, &c
22.—(1) Where an application for bail is made in proceedings under this Part in the Territory—
(a) the court shall notify the Governor of the application,
(b) bail shall not be granted without full consideration of any recommendations made by the ICC.
(2) Omitted
(3) In considering any such application as is mentioned in subsection (1) the court shall consider—
(a) whether, given the gravity of the offence or offences he is alleged to have committed or, as the case may be, of which he has been convicted by the ICC, there are urgent and exceptional circumstances justifying release on bail, and
(b) whether any necessary measures have been or will be taken to secure that the person will surrender to custody in accordance with the terms of his bail.
SCHEDULE 2
DELIVERY UP OF PERSONS SUBJECT TO CRIMINAL PROCEEDINGS, & C
PART 1
CRIMINAL PROCEEDINGS
Meaning of “criminal proceedings”
2. (3) If a delivery order is made and the criminal proceedings are still pending or in progress, the Governor—
(a) shall consult the ICC before giving directions for the execution of the order, and
(b) may direct that the criminal proceedings shall be discontinued.
SCHEDULE 2
DELIVERY UP OF PERSONS SUBJECT TO CRIMINAL PROCEEDINGS, & C
PART 2
EXTRADITION PROCEEDINGS
8. (3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Governor—
(a) shall consult the ICC before giving directions for the execution of the order, and
(b) may direct that the extradition proceedings shall be discontinued.
SCHEDULE 2
DELIVERY UP OF PERSONS SUBJECT TO CRIMINAL PROCEEDINGS, & C
PART 3
OTHER DELIVERY PROCEEDINGS
Delivery proceedings in the Territory
12.—(1) Where—
(a) the Governor receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
(b) other delivery proceedings against that person are pending or in progress before a court in the Territory,
the Governor shall consult the ICC and the relevant International Tribunal.
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.
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.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.