PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Temporary transfer of prisoners
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)
PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of sentences in New Zealand
Transfer of prisoner to ICC for other purposes—
(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.
Arrest and surrender of person to a Tribunal
Surrender of persons
19 Effect of surrender on prisoner's sentence
(1) ubject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be eemed to be continuing to serve that sentence.
(2) If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).
Other forms of assistance to a Tribunal
Giving evidence at hearings, or assisting in investigations, in foreign countries
32 Effect of removal to foreign country on prisoner's sentence
Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a Tribunal under section 31, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that sentence.
33 Undertakings relating to persons giving evidence or assisting
(1) Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 applies or a person to whom section 30 applies to give evidence or assist, the Attorney-General shall seek from the Tribunal an undertaking—
(a) that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request ; and
(b) that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates ; and
(c) that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.
(2) In a case where the request relates to a person who is a pris-oner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings :
(a) that appropriate arrangements will be made for that purpose:
(b) that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:
(c) that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates.
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:
(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.