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International Criminal Court Act 2001

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This is the original version (as it was originally enacted).

15Effect of delivery order

This section has no associated Explanatory Notes

(1)A delivery order is sufficient authority for any person acting in accordance with the directions of the Secretary of State to receive the person to whom the order relates, keep him in custody and convey him to the place where he is to be delivered up into the custody of the ICC (or, as the case may be, of the state of enforcement) in accordance with arrangements made by the Secretary of State.

(2)A person in respect of whom a delivery order is in force is deemed to be in legal custody at any time when, being—

(a)in the United Kingdom, or

(b)on board a British ship, a British aircraft or a British hovercraft,

he is being taken under the order to or from any place or is being kept in custody pending his delivery up under the order.

(3)A person authorised for the purposes of a delivery order to take the person to whom the order relates to or from any place or, to keep him in custody, has all the powers, authority, protection and privileges—

(a)if he is in the United Kingdom, of a constable in that part of the United Kingdom, or

(b)if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the other person is to be taken.

(4)If a person in respect of whom a delivery order is in force escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place where or to which, by virtue of this Part, he is required to be or to be taken.

(5)For the purposes of subsection (4) a “constable” means—

(a)a person who is a constable in any part of the United Kingdom, and

(b)in relation to any place, a person who, at that place, has, under any enactment (including subsection (3)), the powers of a constable in any part of the United Kingdom.

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