Provisional arrest - release - national proceedings


International Criminal Court Act 2007, No.26


43. Person arrested on a provisional warrant -

(3) If the Judge has not received the notice specified in subsection (1)(a) within 60 days of the date of the provisional arrest of the person, the Judge shall release the person from custody or on bail unless satisfied that the period for submission of the notice should be extended in the interests of justice.

(5) The release of a person under subsection (3) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.