Document ID: chunk:federal_register_of_legislation:C2021C00313:section:38
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 38
Character Range: 59300–60566

38  Procedure where competing request relating to same conduct from a foreign country that is a party to the Statute
 (1) This section applies if:
 (a) section 37 applies; and
 (b) the foreign country is a party to the Statute.
 (2) Priority must be given to the request from the ICC if:
 (a) the ICC has, under article 18 or 19 of the Statute, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the foreign country in respect of its request for extradition; or
 (b) the ICC makes such a determination after receiving notification of the request for extradition from the foreign country.
 (3) If the ICC has not made a determination referred to in subsection (2), then, pending the making of such a determination:
 (a) the steps required to be taken under the Extradition Act 1988 in relation to a request for extradition may continue to be taken; but
 (b) no person may be extradited under that Act pursuant to the request unless and until the ICC makes its determination on admissibility and determines that the case is inadmissible.
 (4) Paragraph (3)(b) does not apply if the ICC does not make its determination on an expedited basis.