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Section 13: Postponement of execution of request

International Criminal Court Act · PART IV: ARREST AND SURRENDER OF PERSONS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Postponement of execution of request (1) The Attorney-General shall not postpone the execution of a request for arrest and surrender at any time before the surrender of the person, unless the request would interfere with an investigation or prosecution in Mauritius involving a different offence from that for which surrender is requested. (2) The Attorney-General shall consult with the International Criminal Court and agree on a period of time for postponement of the execution of the request in accordance with Article 94 of the Statute, and the AttorneyGeneral shall proceed with the execution of the request after the lapse of that period, unless otherwise agreed with the International Criminal Court. I15B – 7 [Issue 4] International Criminal Court Act (3) Where the Attorney-General decides to postpone the execution of a request for arrest and surrender in accordance with this section after he has forwarded a request pursuant to section 11 or 12, he shall— (a) notify the Magistrate of the postponement and the Magistrate shall adjourn any pending proceedings until further notice from the Attorney-General; and (b) notify the Magistrate at the relevant time whether the execution of the request is to proceed or not, and the Magistrate shall proceed accordingly with the execution of the request or the discharge of the person. (4) A decision by the Attorney-General to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part prior to the decision, and any such warrant or order shall remain in force unless cancelled by the International Criminal Court.

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