The United Nations (International Tribunal) (Rwanda) Order 1996

Review of orders of competent court

11.—(1) Where a delivery order is made by a competent court in respect of any person—

(a) he shall not be delivered up under the order until the expiration of the period of 15 days beginning with the date on which the order is made, unless he gives notice in accordance with paragraph (4) that he consents to his earlier delivery up;

(b) if within that period an application is made by him or on his behalf for a writ of habeas corpus ad subjiciendum or, in the case of an order made in Scotland, an application for review is made by him under paragraph (2), he shall not be so delivered up while proceedings on the application are pending;

and the competent court shall inform him that he will not be delivered up under the order during the said period of 15 days unless he gives notice as aforesaid, and that he has the right to apply for a writ of habeas corpus ad subjiciendum or, as the case may be, to make an application for review under paragraph (2).

(2) A delivery order made by the competent court in Scotland may be reviewed by the High Court of Justiciary in the same manner as an appeal against a summary conviction.

(3) For the purposes of this article proceedings on an application for a writ of habeas corpus ad subjiciendum shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.

(4) Where notice is given by a person consenting to his earlier delivery up—

(a) the notice shall be signed in the presence of a justice of the peace or in Scotland of a sheriff or justice of the peace;

(b) a notice given by a person in custody shall be delivered to the governor of the prison;

(c) a notice given by a person on bail shall be delivered to the police officer in charge of the police station specified in his recognisance or in Scotland to the Crown Agent, Crown Office, Edinburgh;

and the delivery of a notice given by a person on bail shall be effective if the notice is sent by post in a registered letter or by recorded delivery service addressed to the appropriate person specified in sub-paragraph (c) of this paragraph.

(5) It shall be the duty of the person receiving any such notice to ensure that the notice is attached to the order for the delivery up of the person concerned.