International War Crimes Tribunals Act, 1998
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Surrender order. |
18.—(1) Subject to subsection (4) and section 19 , the Minister may, by order, direct that a person who has been committed under section 14 and who has not been released— | |
(a) by a decision of the High Court under Article 40.4.2° of the Constitution or following an appeal from such a decision, | ||
(b) as a consequence of an appeal on a point of law to the Supreme Court, or | ||
(c) as a consequence of an order under section 21 or 22 , | ||
be surrendered to the custody of an authorised person. | ||
(2) A person in respect of whom a surrender order is made shall be surrendered in accordance with the terms of the order and any authorised person may receive, hold in custody, and convey out of the State the person so surrendered. | ||
(3) A person who escapes from any custody in which he or she has been placed under a surrender order shall be liable to be retaken in the same manner as any person who escapes from lawful custody. | ||
(4) The Minister shall not make a surrender order in respect of a person who is subject to a sentence of a court in the State where— | ||
(a) the international tribunal that requested the surrender has been required by the Minister to give undertakings relating to that person's return to the State for the purpose of serving that sentence, and | ||
(b) the Minister is not satisfied that adequate undertakings have been given. | ||
(5) In this section “authorised person” means a person who, in the Minister's opinion, has been duly authorised by one of the following to receive the person referred to in subsection (1): | ||
(a) the international tribunal that requested the surrender of the person referred to in subsection (1); | ||
(b) a state in which the person referred to in subsection (1) is to undergo imprisonment for an international tribunal crime. |