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The International Crimes Act, 2008
(2) The High Court or the Court of Appeal may order
that the person who is the subject of the determination
continue to be detained or, as the case may be, issue a
warrant for the arrest and detention of the person, pending
the determination of the appeal if—
(a) the High Court makes a determination under
section 39; and
(b) either party files a notice of appeal against the
determination.
(3) If a person is detained under an order made under
this section or is arrested and detained under a warrant
issued under this section, sections 35 to 38 shall apply,
with any necessary modifications, to the detention of the
person as if the appeal proceedings were proceedings
under section 39 to determine whether or not the person is
eligible for surrender.
Waiver of rights
to apply for
habeas corpus or
to lodge appeal.
65. Without limiting the operation of section 41, a
person whose surrender is sought may, by a waiver in the
prescribed form, waive the following rights—
(a) the right to make an application for a writ of
habeas corpus within fifteen days after the issue
of a warrant of detention; and
(b) the right, in relation to any international crime or
crimes for which the High Court has determined
that the person is eligible for surrender, to lodge
an appeal under this Part.
Powers of court
on appeal.
66. (1) The Court of Appeal shall hear and determine
the question or questions of law arising on any case transmitted to it, and do one or more of the following things—
(a) reverse, confirm, or amend the determination in
respect of which the case has been stated;
(b) remit the determination to the High Court f o r
reconsideration together with the opinion of the
Court of Appeal on the determination;
(c) remit the determination to the High Court with a
direction that the proceedings to determine
whether the person is eligible for surrender be
41
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