International Criminal Court Act 2006

Release by order of High Court.

33.— (1) This section applies where a person awaiting surrender under this Part is not surrendered and conveyed out of the State within one month after—

(a) the making of the surrender order,

(b) the conclusion of any appeal proceedings, or

(c) the expiration of any period of postponement mentioned in section 31 (1),

whichever is the later.

(2) Where this section applies but subject to subsection (3), the High Court may, on application by or on behalf of the person concerned and on notice to the Minister, order that the person be released from custody.

(3) If the Court is satisfied—

(a) that the person's state of health or other circumstances beyond the control of the Minister or the International Criminal Court or, as the case may be, the state of enforcement have prevented the person from being surrendered under this Part, and

(b) that it is likely that within a reasonable time those circumstances will no longer apply,

it may fix a period within which the person may be so surrendered, and the person shall be released if not surrendered within that period or any extension thereof which may be directed by the Court from time to time in accordance with this section.

(4) Subsection (2) is without prejudice to section 35 (2).