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The International Criminal Court Act 2001 (Overseas Territories) Order 2009

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PART 3OTHER DELIVERY PROCEEDINGS

Meaning of “other delivery proceedings”

11.  In this Part of this Schedule “other delivery proceedings” means proceedings before a court in the Territory for an order for the delivery of a person in pursuance of proceedings before an international tribunal other than the ICC, and “the relevant International Tribunal”, in relation to such proceedings, means the international tribunal in which the proceedings are instituted.

Delivery proceedings in the Territory

12.—(1) Where—

(a)the Governor receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b)other delivery proceedings against that person are pending or in progress before a court in the Territory,

the Governor shall consult the ICC and the relevant International Tribunal.

(2) The Governor shall inform the court of the request and of the outcome of the consultations.

(3) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made under this Part of this Act.

(4) If a delivery order is made under this Part of this Act and the other delivery proceedings are still pending or in progress, the Governor—

(a)shall consult the ICC before giving directions for the execution of the order, and

(b)may direct that the other delivery proceedings shall be discontinued.

(5) Where the Governor directs that the other delivery proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—

(a)order their discontinuance, and

(b)make any other order necessary to enable the delivery order under this Part of this Act to be executed (including any necessary order as to the custody of the person concerned).

(6) The discontinuance under this paragraph of other delivery proceedings in respect of an offence does not prevent the institution of fresh proceedings for a delivery order in respect of the offence.

13.  Omitted.

Power to suspend or revoke previous delivery order

14.—(1) Where a court makes a delivery order under this Part of this Act in respect of a person in respect of whom a delivery order has been made in pursuance of other delivery proceedings the court may make any order necessary to enable the person to be delivered up under this Part of this Act.

(2) The court may, in particular, suspend or revoke the other delivery order.

15.  In this Part of this Schedule references to a court include references to a judge.

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