3Request for provisional arrest
(1)This section applies where the Secretary of State receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC.
(2)If it appears to the Secretary of State that application for a warrant should be made in England and Wales—
(a)he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and
(b)on an application by a constable stating on oath that he has reason to believe—
(i)that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
(ii)that the person is in, or on his way to, the United Kingdom,
an appropriate judicial officer shall issue a warrant for the arrest of that person.
(3)If it appears to the Secretary of State that application for a warrant should be made in Scotland—
(a)he shall transmit the request to the Scottish Ministers who shall instruct the procurator fiscal to apply for a warrant for the arrest of that person, and
(b)on the application by the procurator fiscal, which shall state—
(i)that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
(ii)that the person is in, or on his way to, Scotland,
an appropriate judicial officer shall issue a warrant for the arrest of that person.
(4)Where an appropriate judicial officer issues a warrant under this section, he shall notify the Secretary of State and, where the proceedings are in Scotland, the Scottish Ministers that he has done so.
(5)In this Part a warrant issued under this section is referred to as a “provisional warrant”.