Act 11
International Criminal Court Act
2010
(a) whether the person was lawfully arrested in accordance with the
warrant; and
(b) whether the person’s rights have been respected.
(3) In making a determination under subsection (2) the Registrar
shall apply the principles applicable to judicial review.
(4) If the registrar determines that—
(a) the person was not lawfully arrested; or
(b) the person’s rights were not respected,
the Registrar shall make a declaration to that effect with any
explanation required but may not grant any other form of relief.
(5) The Registrar shall transmit any declaration made under
subsection (4) to the Minister, and the Minister shall transmit it to the ICC.
Bail
31. Application for bail.
(1) A person brought before a Registrar under section 30 may make
an application for bail.
(2) Where an application for bail is made, the Registrar shall
adjourn the hearing of the application and notify the Minister.
(3) The Minister shall, on receipt of a notification under subsection
(2), consult immediately with the ICC to obtain any recommendations
from the Pre-Trial Chamber under article 59(5) of the Statute, and shall
convey those recommendations to the registrar.
(4) The Registrar shall give full consideration to any
recommendations conveyed to him or her under subsection (3) before
making a decision on the application for bail.
(5) Where no recommendations are received from the ICC within
seven days, the Registrar may proceed to hear the application; and the
provisions of the Magistrates Courts Act shall apply.
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents