The United Nations (International Tribunal) (Former Yugoslavia) Order 1996

Discharge of persons not delivered up

13.—(1) Where the International Tribunal informs the Secretary of State that a person arrested in pursuance of this Order is no longer required to be delivered up into its custody or, as the case may be, into the custody of a state for imprisonment there, the Secretary of State, or if the person arrested is in Scotland the Lord Advocate, shall notify an appropriate judicial officer; and the appropriate judicial officer shall, on receipt of such notification, make an order for the discharge of the person arrested.

(2) If a person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, a superior court exercising jurisdiction in the part of the United Kingdom within which it was made, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

(3) In paragraph (2) “superior court” means the High Court or the High Court of Justiciary in Scotland.

(4) The Secretary of State shall revoke a transfer warrant if he is informed, before it has been executed, that the International Tribunal no longer requires the attendance of the prisoner to whom the warrant relates.