Commentary on Sections Part 2: Arrest and Delivery of Persons Section 21: Request for transit
42.It is possible that a prisoner being surrendered to the ICC by another State might need to transit the UK. To address this sort of situation, Article 89.3(a) obliges States Parties to authorise transport through their territory of a person being surrendered to the ICC by another State (except where such transit would impede or delay the surrender). Article 89.3(b) sets out what such an ICC request for transit must contain, including the warrant for arrest and surrender, and Article 89.3(c) requires the person being surrendered to be detained in custody during the period of transit.
43.Section 21 is intended to implement the obligations under Article 89.3(a)-(c). It provides that, if the Secretary of State receives and agrees to a request for transit, the request will be treated as if it were an ordinary ICC request for arrest and surrender but, in view of the different circumstances, there will be an expedited process for transferring the person in question to the ICC. The person will be treated on arrival as if he had been arrested under an endorsed warrant, will not be granted bail, and, once the competent court has made a delivery order, he will be given only two days in which to make an application for review before the Secretary of State may issue directions for the person’s delivery.