Form 4—Notice of receipt of request for provisional arrest
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 21(1) of receipt of request for provisional arrest by the International Criminal Court
To a magistrate:
I, , Attorney General of the Commonwealth of Australia, under subsection 21(1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the provisional arrest of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.
Form 5—Warrant for provisional arrest
Commonwealth of Australia
International Criminal Court Act 2002
Warrant for provisional arrest under subsection 21(2)
To all police officers within the meaning of the International Criminal Court Act 2002 (the Act):
Because:
(a) the Attorney General of the Commonwealth of Australia has given a notice under subsection 21(1) of the Act stating that a request has been received from the International Criminal Court for the provisional arrest of [insert name of person]; and
(b) an application has been made on behalf of the International Criminal Court under subsection 21(2) of the Act for issue of a warrant according to the notice;
I, [insert name and designation of magistrate], under subsection 21(2) of the Act, authorise you to arrest [insert name of person] and to bring [him/her*], as soon as practicable, before a magistrate in the State or Territory in which [he/she*] is arrested to be dealt with according to law.
Form 6—Application for provisional arrest warrant
Commonwealth of Australia
International Criminal Court Act 2002
Application under subsection 21(2) for provisional arrest warrant
To a magistrate:
I, [insert name of applicant and the capacity in which application is made], apply under subsection 21(2) of the International Criminal Court Act 2002 (the Act) on behalf of the International Criminal Court for issue of a warrant, according to a notice under subsection 21(1) of the Act, for the provisional arrest of [insert name of person].
Form 7—Notice to order release from remand
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 25(1) to order release from remand
To a magistrate:
*Because a request for surrender of [insert name of person] has not been received within 60 days after the day on which [he/she*] was provisionally arrested and [he/she*] does not consent to surrender;
*Because I consider that the remand of [insert name of person] should cease;
I, , Attorney General of the Commonwealth of Australia, under subsection 25(1) of the International Criminal Court Act 2002, direct you to order the [*release of (insert name of person) from custody/*discharge of the recognisances on which bail was granted to (insert name of person)].
Form 8—Surrender warrant
Commonwealth of Australia
International Criminal Court Act 2002
Surrender warrant under subsection 28(2)
To the person in whose custody [insert name of person] is held
And to all police officers within the meaning of the International Criminal Court Act 2002 (the Act)
And to [insert name of officer of the International Criminal Court or other person authorised by the Court], (the escort):
Having:
(a)* reached agreement with the International Criminal Court on conditions for the issue of a temporary surrender warrant; and
(b) received a request for surrender of [insert name of person]; and
(c) signed a certificate under section 29 of the Act that it is appropriate to issue a warrant for [his/her*] surrender;
I, , Attorney General of the Commonwealth of Australia, under section 28 of the Act:
(d) require the person in whose custody [insert name of person in custody] is held, to release [him/her*] into the custody of a police officer; and
(e) authorise the police officer to transport [insert name of person] in custody, and if necessary or convenient, to detain [him/her*] in custody, for the purpose of enabling [him/her*] to be placed in the custody of the escort and transported to the place specified by the International Criminal Court; and
(f) authorise the escort to transport [insert name of person] in custody to [insert the name of the place specified by the International Criminal Court] for the purpose of surrendering [him/her*] to a person appointed by the International Criminal Court to receive [him/her*].
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.