International War Crimes Tribunals Act, 1998

Committal or release of arrested person.

14.—(1) Where a person who has been arrested under a warrant issued under section 9 or who has been remanded under section 13 (1)(b) is before the High Court and it is satisfied that—

(a) that person has been accused or convicted of an international tribunal crime,

(b) a request for the surrender of that person has been duly made, and

(c) a warrant that complies with section 5 (2)(c) or 10 (3) and relates to that person has been produced,

the High Court shall, subject to subsection (2), make an order committing that person to a prison (or, if he or she is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his or her surrender.

(2) If satisfied that the surrender of a person is prohibited under section 26 , the High Court shall not make a committal order in respect of that person.

(3) On making a committal order under subsection (1), the High Court shall—

(a) inform the person to whom the order relates that he or she will not be surrendered, except with his or her consent, until the expiry of 15 days after the committal date,

(b) inform that person also of the provisions of Article 40.4.2° of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of a person alleging that he or she is unlawfully detained), and

(c) cause a certificate of the committal to be sent forthwith to the Minister.

(4) Where the person referred to in subsection (1) is not committed under that subsection, the Court shall order that he or she be released.

(5) No appeal shall lie against an order of the High Court under this section other than an appeal on a point of law to the Supreme Court.

(6) Sections 10 and 11 of the Criminal Justice Act, 1960 , shall apply to a person committed to a remand institution under this section.