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Paragraph 7 Request for provisional arrest

Original text. Later amendments are not shown.

(1)

This section applies where the Governor 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 Governor that application for a warrant should be made in the Territory–

(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 Territory,

an appropriate judicial officer shall issue a warrant for the arrest of that person.

(3)

Omitted

(4)

Where an appropriate judicial officer issues a warrant under this section, he shall notify the Governor that he has done so.

(5)

In this Part a warrant issued under this section is referred to as a “provisional warrant”.