PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Temporary transfer of prisoners
95.
Request for temporary transfer of prisoner—
(1)This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.
(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b)the prisoner's attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
Cf Statute, articles 93(1)(f) and (7)
96.
Consent required and assurances may be sought—
(1)If the Attorney-General gives authority for the request to facilitate the temporary transfer of a New Zealand prisoner to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.
(2)The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
(3)The Attorney-General may ask the ICC to give 1 or more of the following assurances:
(a)that the prisoner will not be released from custody without the prior approval of the Attorney-General:
(b)that the prisoner will be returned to New Zealand without delay in accordance with arrangements agreed to by the Attorney-General:
(c)an assurance relating to such other matters as the Attorney-General thinks appropriate.
97.
Attorney-General may arrange for transfer—
(1)The Attorney-General may authorise the temporary transfer of a New Zealand prisoner to the ICC if the Attorney-General is satisfied that—
(a)the prisoner has consented to giving the evidence or assistance requested; and
(b)the ICC has given adequate assurances where appropriate.
(2)If the Attorney-General authorises the temporary transfer of the prisoner to the ICC, the Attorney-General may—
(a)direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and
(b)make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a Police employee; or
(ii)a prison officer; or
(iii)a person authorised for the purpose by the ICC.
(3)A direction given by the Attorney-General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.
(4) Every person released under a direction given under subsec-tion (2) is to be treated, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful cus - tody) and for that purpose only, as continuing to be in legal custody for the time being under the Corrections Act 2004, while in New Zealand during the period of that release.
(5) If there is any inconsistency between subsection (4) and the Corrections Act 2004, subsection (4) prevails .
Cf 1995 No 27 s 31
98.
Effect of transfer on prisoner's sentence—
(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand is transferred to the ICC under section 97, the provisions of section 99 of this Act and [section 90 of the Parole Act 2002] apply to any period that the person spends in custody outside New Zealand in connection with the request before sentence is imposed for the New Zealand offence.
(2)If a prisoner who is serving a sentence for a New Zealand offence is transferred to the ICC under section 97,—
(a)the prisoner is to be treated, while in custody outside New Zealand in connection with the request, as being in custody for the purposes of the New Zealand sentence, which continues to run; and
(b)the Attorney-General—
(i)may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii)must notify the ICC if the prisoner is no longer liable to be detained in a New Zealand prison.
Cf 1995 No 27 s 32
99.
Request for information about time spent in custody overseas—
(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the ``New Zealand offence'') is transferred to the ICC under section 97 before sentence is imposed for the New Zealand offence, the Attorney-General may—
(a)advise the ICC of the date on which the prisoner was sentenced for the New Zealand offence; and
(b)request the ICC to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was imposed for the New Zealand offence.
(2)A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
(3)The Attorney-General may issue a certificate setting out the date and period specified in subsection (1) if—
(a)the ICC does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and
(b)the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
(4)For the purposes of [section 91(4) of the Parole Act 2002], a certificate given by the Attorney-General under subsection (3) has the same effect as a certificate under subsection (1).
(5)Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),—
(a)a certificate requested under subsection (1) is obtained from the ICC; and
(b)the time period specified in that certificate is different from that specified in the Attorney-General's certificate.
[(6)If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4) of the Parole Act 2002.]
PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Person in transit
136.
Transit by person being surrendered or transferred to ICC—
(1)This section and sections 137, 138, and 150 to 156 apply to a person (the ``transferee'') who—
(b)is a person to whom article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or
PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of sentences in New Zealand
145.
Transfer of prisoner to ICC for other purposes—
(1)This section applies if the ICC—
(a)directs that an ICC prisoner appear before it to give evidence in another case; or
(b)requests that an ICC prisoner appear before it for any other reason.
(2)The Minister,—
(a)if subsection (1)(a) applies, must direct that the ICC prisoner be transferred to the ICC:
(b)if subsection (1)(b) applies, may direct that the ICC prisoner be transferred to the ICC if the Minister is satisfied that the interests of justice require the prisoner's attendance at the ICC.
(3)If the Minister gives a direction under subsection (2), section 144(3) and (4) apply, with any necessary modifications.
(4)This section does not apply if the request by the ICC is a request to which section 95(1) applies.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.