Transfer of sentenced person to another State

New Zealand

International Crimes and International Criminal Court Act 2000

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—

(c)is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.

PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

143. Parole Act 2002 does not apply in certain cases

(1)The administration of a sentence of imprisonment imposed by the ICC that is served in New Zealand, including any decision to release or transfer the ICC prisoner, must be undertaken in accordance with Part 10 of the Statute and the Rules.

(2)The [Parole Act 2002] does not apply to a sentence of imprisonment imposed by the ICC that is served in New Zealand unless the sentence has been imposed for an offence against the administration of justice.

(3)If, in relation to the administration of a sentence of imprisonment imposed for an offence against the administration of justice that is served in New Zealand by an ICC prisoner, there is any inconsistency between the provisions of the [Parole Act 2002] and the provisions of the Statute and the Rules, the provisions of the Statute and the Rules prevail.

Cf Statute, articles 106(1), 110(1) and (2)

PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

146.
Transfer of prisoner to another State to complete sentence—

If an ICC prisoner of any nationality is to be transferred from New Zealand to another State to complete that sentence, the prisoner may be transported from New Zealand to that State in the custody of—

(a) a Police employee; or

(b)a prison officer; or

(c)a person authorised for the purpose by the ICC.

Cf Statute, article 104(1)

Rome Statute

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.