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)
Consent required and assurances may be sought—
(1)If the Attorney-General gives authority for the request to facilitate the temporary transfer of a New Zealand prisoner to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.
(2)The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
(3)The Attorney-General may ask the ICC to give 1 or more of the following assurances:
(a)that the prisoner will not be released from custody without the prior approval of the Attorney-General:
(b)that the prisoner will be returned to New Zealand without delay in accordance with arrangements agreed to by the Attorney-General:
(c)an assurance relating to such other matters as the Attorney-General thinks appropriate.
Attorney-General may arrange for transfer—
(1)The Attorney-General may authorise the temporary transfer of a New Zealand prisoner to the ICC if the Attorney-General is satisfied that—
(a)the prisoner has consented to giving the evidence or assistance requested; and
(b)the ICC has given adequate assurances where appropriate.
(2)If the Attorney-General authorises the temporary transfer of the prisoner to the ICC, the Attorney-General may—
(a)direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and
(b)make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a Police employee; or
(ii)a prison officer; or
(iii)a person authorised for the purpose by the ICC.
(3)A direction given by the Attorney-General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.
(4) Every person released under a direction given under subsec-tion (2) is to be treated, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful cus - tody) and for that purpose only, as continuing to be in legal custody for the time being under the Corrections Act 2004, while in New Zealand during the period of that release.
(5) If there is any inconsistency between subsection (4) and the Corrections Act 2004, subsection (4) prevails .
Cf 1995 No 27 s 31
Effect of transfer on prisoner's sentence—
(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand is transferred to the ICC under section 97, the provisions of section 99 of this Act and [section 90 of the Parole Act 2002] apply to any period that the person spends in custody outside New Zealand in connection with the request before sentence is imposed for the New Zealand offence.
(2)If a prisoner who is serving a sentence for a New Zealand offence is transferred to the ICC under section 97,—
(a)the prisoner is to be treated, while in custody outside New Zealand in connection with the request, as being in custody for the purposes of the New Zealand sentence, which continues to run; and
(i)may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii)must notify the ICC if the prisoner is no longer liable to be detained in a New Zealand prison.
Cf 1995 No 27 s 32
Request for information about time spent in custody overseas—
(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the ``New Zealand offence'') is transferred to the ICC under section 97 before sentence is imposed for the New Zealand offence, the Attorney-General may—
(a)advise the ICC of the date on which the prisoner was sentenced for the New Zealand offence; and
(b)request the ICC to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was imposed for the New Zealand offence.
(2)A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
(3)The Attorney-General may issue a certificate setting out the date and period specified in subsection (1) if—
(a)the ICC does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and
(b)the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
(4)For the purposes of [section 91(4) of the Parole Act 2002], a certificate given by the Attorney-General under subsection (3) has the same effect as a certificate under subsection (1).
(5)Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),—
(a)a certificate requested under subsection (1) is obtained from the ICC; and
(b)the time period specified in that certificate is different from that specified in the Attorney-General's certificate.
[(6)If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4) of the Parole Act 2002.]
PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Person in transit
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—
(b)is a person to whom article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or
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—
(1)This section applies if the ICC—
(a)directs that an ICC prisoner appear before it to give evidence in another case; or
(b)requests that an ICC prisoner appear before it for any other reason.
(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.
(3)If the Minister gives a direction under subsection (2), section 144(3) and (4) apply, with any necessary modifications.
(4)This section does not apply if the request by the ICC is a request to which section 95(1) applies.
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:
(f) The temporary transfer of persons as provided in paragraph 7;
(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.