Act 11 International Criminal Court Act 2010 (5) Where the High Court dismisses the appeal, the person shall be discharged in accordance with the decision of the High Court. 38. Discharge of person not delivered up. (1) If the person in respect of whom a delivery order has been made is not delivered up under the order within sixty days after it was made, an application may be made by that person or by someone duly authorised by him or her for discharge. (2) On an application made under this section, the court shall order the person’s discharge, unless reasonable cause is shown for the delay. 39. Discharge of person no longer required to be surrendered. Where the ICC informs the Minister that the person arrested upon the request of the ICC is no longer required to be surrendered, the Minister shall notify the Registrar of that fact and the Registrar shall on receipt of the notification make an order for the discharge of the person. 40. Request for temporary surrender. (1) Where a request for surrender by ICC relates to a crime under the Statute but the person is subject to proceedings for a Uganda offence which has not been finally disposed of or is liable to serve a sentence of imprisonment imposed for a Uganda offence, the Minister may authorise the temporary transfer of that person to the ICC. (2) The Minister may, before making an authorisation under subsection (1), seek an undertaking from the ICC that the person shall be returned on completion of prosecution, acquittal or service of sentence imposed by the ICC. (3) Subsections (2),(3),(4) and (5) of section 54 shall apply to an authorisation under subsection (1) with any necessary modifications. 41. Competing requests. (1) Where a request for surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct that forms the basis of the crime for which ICC seeks the person’s surrender, the Minister— 32

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents