Part 2

Arrest and delivery of persons

Proceedings on request

Request for provisional arrest
3
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”.