SCHEDULES
SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.
Part 1 Criminal proceedings
4Proceedings before service court
1
Where—
a
the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and
b
proceedings against that person are pending or in progress before a service court,
the Secretary of State shall inform the court of the request.
2
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.
3
If a delivery order is made and the proceedings before a service court are still pending or in progress, the Secretary of State—
a
shall consult the ICC before giving directions for the execution of the delivery order, and
b
may direct that the proceedings before the service court shall be discontinued.
4
Where the Secretary of State directs that proceedings before a service court shall be discontinued, the court shall—
a
order their discontinuance, and
b
make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).
5
The discontinuance under this paragraph of proceedings before a service court in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.