Commentary on Sections Part 2: Arrest and Delivery of Persons Sections 19 and 20: Discharge of persons
41.Sections 19 and 20 provide for two different situations in which a person arrested under this Part may be discharged. Section 19 grants a person subject to a delivery order the right to make an application for discharge if he has not been delivered up within 40 days of the order being made. The High Court, or High Court of Justiciary in Scotland, is required to order discharge if reasonable cause is not shown for the delay; this is to ensure that the right not to be subject to unnecessarily prolonged detention is respected. Section 20 provides that a person must be discharged if the ICC informs the Secretary of State that the person’s surrender is no longer required.