Commentary on Sections Part 2: Arrest and Delivery of Persons Section 15: Effect of delivery order
34.The purpose of this section is to enable the execution of a delivery order. It provides that someone subject to a delivery order can be lawfully kept in custody pending or during the execution of the delivery order, whether in the UK or on board a British vessel or aircraft.
35.Subsection (3) grants the powers of a constable to a person authorised to carry out custodial duties in respect of a delivery order (such as the person designated to escort the person to the ICC or the State of enforcement) and provides for equivalent authority, protection and privileges.
36.Subsection (4) enables the arrest, without warrant, of someone subject to a delivery order who escapes. If, for example, someone escapes during transit to the ICC, a constable (including someone granted custodial powers undersubsection (3)) has the authority to arrest the fugitive, keep him in custody and convey him into the custody of the ICC.
37.The reference insubsection (5)(b) is to persons such as transport police whose powers are limited to specific places.