International Criminal Court Act 2006

Consent to surrender.

29.— (1) A person arrested in accordance with a warrant issued under section 20 or 22 may consent to be surrendered to the custody of the International Criminal Court or, in the case of a person convicted by it, of the state of enforcement.

(2) The person shall give notice of intention to consent to surrender—

(a) if in custody, to the prison governor, member of the Garda Síochána or other person in whose custody the person is, and

(b) if on bail, to any member of the Garda Síochána.

(3) The consent must be given and recorded before the High Court and be given voluntarily and in full awareness of the consequences.

(4) Where, by reason of a physical or mental condition, it is inappropriate for the person to consent to being surrendered, the consent may be given by a person who is deemed appropriate for that purpose by the High Court.

(5) On the recording of consent to surrender the High Court shall—

(a) if a surrender order has not been made in relation to the person, make a surrender order, and

(b) if such an order has been made, order that the person be returned to custody to await his or her surrender.

(6) (a) A person who has consented to surrender in accordance with this section may, at any time up to the making of an order by the Minister under section 30 , withdraw the consent.

(b) On such withdrawal the person—

(i) if the surrender order was made after the consent was given, shall be brought before the High Court and be dealt with by that Court as if he or she had not so consented, or

(ii) in any other case, shall await surrender in accordance with this Part.

(7) The person who receives notice of intention to consent to surrender or is informed of the withdrawal of the consent shall forthwith notify the Minister accordingly.