Schedule 2: Delivery Up of Persons Subject to Criminal Proceedings Etc. Part 1: Criminal Proceedings Paragraphs 2 to 4: Criminal proceedings
134.Paragraph 2 is intended to implement Article 89.4 where criminal proceedings are taking place in England and Wales or Northern Ireland; paragraphs 3 and 4 make equivalent provision where the criminal proceedings are before a Scottish or a Service court respectively. Paragraph 2 sets out what is to happen if, when the Secretary of State receives a request from the ICC for arrest and surrender, the person concerned is already undergoing criminal proceedings. The Secretary of State will inform the relevant court which will, if necessary, adjourn its proceedings so that proceedings under Part 2 can take place to determine whether the person should be delivered up. If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State is required to consult the ICC. If the ICC wishes to go ahead immediately with the person’s surrender, the Secretary of State will direct that the domestic proceedings be discontinued and the delivery order be executed. The discontinuance of the domestic proceedings is without prejudice to the possible institution of fresh proceedings at a later date.