Schedule 2: Delivery Up of Persons Subject to Criminal Proceedings Etc. Part 1: Criminal Proceedings Paragraph 5: Effect on custodial sentences
135.This paragraph provides that terms of imprisonment or detention imposed by a domestic court must still be served even if a person is delivered up to the ICC (sub-paragraph 5(1)) or discharged after delivery proceedings (sub-paragraph 5(2)). The time spent by that person in the custody of the ICC or another State of enforcement will count towards the completion of his domestic sentence. If that domestic sentence is not completed by the time the person is either acquitted by the ICC or completes any term of imprisonment imposed by the ICC, he shall be returned to serve out that sentence. Sub-paragraph (4) requires the Secretary of State to consult the Scottish Ministers in the case of prisoners serving sentences in Scotland.