Notification of circumstances that could materially affect terms or extent of imprisonment

Commonwealth of Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 1—Preliminary

162 Designation of Australia as place for service of sentence
(2) Before accepting the designation, the Attorney-General may request the ICC to provide the Attorney-General with any relevant information that will enable the Attorney-General to assess whether the designation should be accepted.

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3—Enforcement of sentences

169 Duration and nature of enforced sentence
(1) The sentence of imprisonment to be enforced must not be harsher, in legal nature, than the sentence of imprisonment imposed by the ICC.
(2) Without limiting subsection (1), the sentence to be enforced under this Part:
(a) must not be for a longer duration than the sentence imposed by the ICC; and
(b) must not be of a kind that involves a more severe form of deprivation of liberty than the sentence of imprisonment imposed by the ICC.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.