Commentary on Sections Part 2: Arrest and Delivery of Persons Section 11-12: Proceedings where court makes delivery order
30.Sections 11 and 12 set out the procedure to be followed when a competent court makes a delivery order and protects the right of the person to seek a review of that order by means of an application for habeas corpus (or, in Scotland, a presentation of a Bill of Suspension). The court must notify the person of his right to seek a review of the order. It must also commit the person to custody or on bail to await the Secretary of State’s directions as to how the order is to be executed and the practical arrangements for the transfer to the ICC or the State of enforcement. To allow the person time to consider seeking a review, the directions shall not be made for 15 days from the date of the order, unless the person waives his right to seek a review (see section 13) or has already consented to surrender (see section 7). If he does make an application for habeas corpus, directions for the execution of the order are not to be made until proceedings on that application have been completed.
31.Subsection (4) of section 12 provides that the court hearing the application for review shall consider the same issues as the court which made the delivery order; subsections (2) and (4) to (9) of section 5 shall again apply (see paragraphs 22-25 above).