Part 2

Arrest and delivery of persons

Request for transit and unscheduled landing

Unscheduled landing
22
1
If a person being surrendered by another state makes an unscheduled landing in the United Kingdom, he may be arrested by any constable and shall be brought before a competent court as soon as is practicable.
2
The court shall remand him in custody pending—
a
receipt by the Secretary of State of a request from the ICC for his transit, and
b
the Secretary of State’s decision whether to accede to the request.
3
If no such request is received by the Secretary of State before the end of the period of 96 hours beginning with the time of the arrested person’s unscheduled landing—
a
the Secretary of State shall forthwith notify the court of that fact, and
b
the court shall, on receipt of the notification, discharge the arrested person.
4
If the Secretary of State receives such a request before the end of that period, he shall notify the court without delay of his decision whether to accede to the request.
5
If the Secretary of State notifies the court that he has decided to accede to the request—
a
the court shall, on receipt of the notification, terminate the period of remand, and
b
the provisions of section 21 (request for transit) apply with the substitution for the reference in subsection (2)(c) to the time of arrival in the United Kingdom of a reference to the time of notification to the court.
6
If the Secretary of State notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification, discharge the arrested person.
7
In the applications of subsections (3) to (6) to proceedings in Scotland, any duty of the Secretary of State to notify the court shall be read as a duty to notify the Scottish Ministers who shall forthwith notify the court accordingly.