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The International Crimes Act, 2008
discharged.
(3) If an application to be discharged is made under
subsection (2), the Judge may, on proof that reasonable
notice of the intention to make the application has been
given to the Minister, unless sufficient cause is shown
against the discharge—
(a) discharge the surrender order; and
(b) order the discharge of the person from the place
where the person is detained, if the person is not
liable to be detained under any other order for
detention.
Discharge of
person under this
Part does not
preclude further
proceedings.
(Cf. Rome Statute,
article 92 (4).)
71. The discharge of a person under any provision of
this Part does not preclude further proceedings under this
Act, whether or not they are based on the same conduct,
to surrender the person to the ICC.
Miscellaneous Provisions relating to Arrest and
Surrender
Search and seizure
on arrest.
72. (1) If a person is arrested on a warrant issued
under this Part, a member of the police force may,
without further warrant, search the person arrested and
may seize any thing, including any sum of money, found
on him or in his possession if the member of the police
force believes on reasonable grounds that the thing on the
person or in his possession may be evidence as to the
commission of any offence in relation to which the
warrant to arrest was issued or for which the surrender of
the person is sought by the ICC.
(2) If there is no suitable searcher available at the
place where the search is to take place, the person to be
searched may be taken to another place to be searched.
(3) Nothing in this section limits or affects the right at
common law of a constable to search a person on that
person’s arrest or any statutory power conferred on a
member of the police force.
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