Commentary on Sections Part 2: Arrest and Delivery of Persons Section 22: Unscheduled landing by person in transit
44.It is possible that a person being surrendered to the ICC by another State might need to make an unscheduled landing in the UK. In the case of an unscheduled landing, Article 89.3(e) obliges a State to detain the person being transported until the request for transit is received from the ICC. The request for transit must be received within 96 hours: if not, the individual must be released.
45.Section 22 is intended to implement the obligations under Article 89.3(e). The section provides that, in such a case, the person being surrendered shall be arrested, brought before a competent court as soon as is practicable, and remanded in custody pending receipt of the ICC request. If no request for transit is received by the Secretary of State within 96 hours of the unscheduled landing, the person must be discharged. If a request is received from the ICC and the Secretary of State notifies the court that he has agreed to it, the person is to be treated as if a person in transit under section 21.