Republic of Nauru

Criminal Procedure Act 1972


64 Form, contents and duration of warrant of arrest

(1) Every warrant of arrest issued under this Part of this Act shall be signed by the magistrate issuing it and bear the seal of the District Court.

(2) Every such warrant shall state shortly the offence with which the person against whom it is issued is charged and shall name or otherwise describe him ; and it shall order the person or persons to whom it is directed to arrest him and bring him before the District Court to answer to the charge therein mentioned and to be further dealt with according to law.

(3) very such warrant shall remain in force until it is executed or until it is cancelled by the District Court.


68 Person arrested to be brought before the Court without delay

A person arrested under a warrant of arrest shall, subject to the provisions of section 65 of this Act, be brought without unnecessary delay before the District Court.


73 Power of court to order prisoner to be brought before it

(1) Where any person for whose attendance or arrest a magistrate is empowered to issue a summons or warrant is confined in the prison, a magistrate may issue an order to the Superintendent of the prison requiring him to bring that person in proper custody before the District Court at a time to be named in the order and, where that person is committed for trial to the Supreme Court, the Registrar may issue an order similarly for him to be brought before the Supreme Court.

(2) The Superintendent of the prison shall, on receipt of an order made under this section, act in accordance therewith and shall provide for the safe custody of the prisoner during his absence from the prison for that purpose.

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.