International Criminal Court Act 2006
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Certificate by Minister of making of request. |
19.— (1) On receiving a request from the International Criminal Court for the arrest and surrender of a person the Minister shall, subject to this Part, certify that the request has been duly made. | |
(2) The Minister— | ||
(a) may postpone action on the request until— | ||
(i) the Court has determined any challenge to the admissibility of the case or to its jurisdiction (whether or not the challenge is a challenge by the Minister under Article 19(2)(b) to the admissibility of the case on the ground that it is being, or has been, investigated), or | ||
(ii) the completion of any consultation between the Minister and the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of the request, | ||
and | ||
(b) may, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, postpone such action in accordance with Article 94.1. | ||
(3) In deciding under subsection (2)(b) whether to postpone action on a request the Minister shall have regard to the seriousness of the offence referred to in that subsection. | ||
(4) If the Minister decides under subsection (2)(b) not to postpone action on a request, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter. | ||
(5) The Minister, if he or she decides to grant a request for the surrender of a person who is being proceeded against or is serving a sentence for an offence that is not an ICC offence, shall consult the Court in accordance with Article 89.4. | ||
(6) The Minister shall not take action on a request if informed by the Court that it has determined that the case is inadmissible or that it is not proceeding further with the request for any other reason. | ||
(7) In subsection (2)(b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003 . |