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International Criminal Court Act 2001

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This is the original version (as it was originally enacted).

3Request for provisional arrest

This section has no associated Explanatory Notes

(1)This section applies where the Secretary of State receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC.

(2)If it appears to the Secretary of State that application for a warrant should be made in England and Wales—

(a)he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and

(b)on an application by a constable stating on oath that he has reason to believe—

(i)that a request has been made on grounds of urgency by the ICC for the arrest of a person, and

(ii)that the person is in, or on his way to, the United Kingdom,

an appropriate judicial officer shall issue a warrant for the arrest of that person.

(3)If it appears to the Secretary of State that application for a warrant should be made in Scotland—

(a)he shall transmit the request to the Scottish Ministers who shall instruct the procurator fiscal to apply for a warrant for the arrest of that person, and

(b)on the application by the procurator fiscal, which shall state—

(i)that a request has been made on grounds of urgency by the ICC for the arrest of a person, and

(ii)that the person is in, or on his way to, Scotland,

an appropriate judicial officer shall issue a warrant for the arrest of that person.

(4)Where an appropriate judicial officer issues a warrant under this section, he shall notify the Secretary of State and, where the proceedings are in Scotland, the Scottish Ministers that he has done so.

(5)In this Part a warrant issued under this section is referred to as a “provisional warrant”.

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