Commentary on Sections Part 2: Arrest and Delivery of Persons Section 3: Request for provisional arrest
17.Under Article 92 of the Statute, the ICC may, in urgent cases, request a State Party to make the provisional arrest of an individual before sending the formal request for surrender. This section provides that, where the UK receives such a request, an application shall be made to an appropriate judicial officer who is required to issue a “provisional warrant”.
18.Under subsection (2), where the Secretary of State considers the application for a provisional arrest warrant should be made in England and Wales, he will direct a constable to make the application. Under subsection (3), where the Secretary of State considers the application for a provisional arrest warrant should be made in Scotland, he will transmit the request to the Scottish Ministers and the procurator fiscal will make the application.