PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Remand and bail

42.
Detention in place other than prison—

(1)This section applies if the District Court orders the detention of a person at any time under this Part.

(2)If the District Court concludes that detaining the person in prison would risk the person's life or health or be undesirable for any reason, the District Court may order that the person be held in custody—

(a)at the place where the person is for the time being; or

(b)at any other place that the District Court considers appropriate, having regard to the risk or reason involved.

(3)The person may be held as specified in subsection (2) until—

(a)the person can be detained in a prison without risk to that person's life or health; or

(b)the reason for not detaining the person in prison no longer applies; or

(c)the person is surrendered or discharged according to law.

(4)In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person's detention.

Cf 1999 No 55 s 52; Statute, article 59(5)

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for surrender

46.
Procedure following determination on eligibility or consent to surrender—

(1)This section applies if—

(a)the District Court has determined in accordance with section 43 that a person is eligible for surrender; or

(b)a person has consented to surrender to the ICC in accordance with section 45.

(2)If this section applies, the District Court must—

(a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 42 of this Act or section 1 84T(3) of the Summary Proceedings Act 1957 pending the surrender of the person to the ICC or the person’s discharge according to law; and

(b)send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit; and

(c)inform a person to whom subsection (1)(a) applies that,—

(i)subject to section 70, the person will not be surrendered until the expiration of 15 days after the date of the issue of the warrant; and

(ii)during that time the person has the right to make an application for a writ of habeas corpus; and

(iii)the person has the right to lodge an appeal under section 67; and

(d)inform a person to whom subsection (1) applies that the Minister must determine whether to issue a surrender order before the person can be surrendered to the ICC; and

(e)inform the person that if a surrender order is made and the person is not removed within 2 months, the person may apply to be discharged under section 74.

(3)If the District Court issues a warrant under subsection (2), the District Court may grant bail to the person in accordance with section 39.

(4)If the District Court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.

Cf 1999 No 55 s 46

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Appeals against determinations of eligibility for surrender

69.
Custody pending determination of appeal—

(1)A District Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—

(a)the District Court makes a determination under section 43; and

(b)immediately after the District Court makes the determination, either party informs the District Court that the party intends to appeal against the determination.

(2)Any District Court or the High Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—

(a)a District Court makes a determination under section 43; and

(b)either party files a notice of appeal against the determination.

(3)If a person is detained under an order made under this section or is arrested and detained under a warrant issued under this section, sections 39 to 42 apply to the detention of the person with any necessary modifications as if the appeal proceedings were proceedings under section 43 to determine whether or not the person is eligible for surrender.

Cf 1999 No 55 s 70

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

79. Information about time spent in custody in New Zealand—

(1) If the ICC requests the surrender of a person, and that person is detained in a New Zealand prison or any other place at any time pending surrender, the prison manager of the prison or the head of the other place must keep a record of the time spent in custody as if the person were charged with an offence against the law of New Zealand and were on remand.

(2) The prison manager or the head of the other place must, if requested, provide to the Minister a certificate recording—

(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request; and

(b) the total period during which the person was detained in custody during the process leading to the surrender of the person to New Zealand in relation to the offence or offences; and

(c) whether the person was, at any time during the period in custody in relation to the surrender, also serving a sentence for an offence against New Zealand law .

(3)The Minister must provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the information specified in subsection (2) and such other information relating to any period spent in custody in relation to the surrender as the ICC may request.

Cf 1999 No 55 s 62(1); Statute, article 78(2)

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

9 Remand

(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 32, 34 and 35, and 37 to 39 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

Part 2
Arrest and surrender of person to a Tribunal

Surrender of persons

16 Detention following surrender warrant

(1) Where the Attorney-General issues a surrender warrant under section 14, the person shall, if he or she is in custody, be brought as soon as is practicable before a Judge.

(2) Where the Attorney-General issues a surrender warrant under section 14 and the person has been remanded on bail, any constable may arrest that person without warrant, and the person shall be brought as soon as is practicable before a Judge.

(3) The Judge shall order the committal of the person to a prison to remain there until he or she is surrendered or released according to law.