Detention during transit


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

Part 4—Other requests by ICC

Division 9—Temporary transfer of prisoners to the ICC

75 Effect of removal to foreign country on prisoners’ terms of imprisonment
A person who is serving a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory, is taken to continue to serve that sentence of imprisonment, or to continue to be subject to that detention, at any time during which the person:
(a) is released from a prison under section 74 pursuant to a request by the ICC; and
(b) is in custody in connection with the request (including custody outside Australia).

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part V—Custody of persons in transit
29 Transit
(2) Where a person who is being held in custody pursuant to a direction under paragraph (1)(d) and the person’s transportation is not, in the opinion of the Attorney General, continued within a reasonable time, the Attorney General may direct that the person be transported in custody to the foreign country from which the person was first transported .

Rome Statute

Article 89 Surrender of persons to the Court


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