PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Provisional arrest in urgent cases

38.Procedure where provisional arrest warrant issued—

(1) If a person has been arrested on a provisional arrest warrant issued under section 36, the following provisions apply:

(c) the District Court must set a date by which the notice is to be transmitted to it, which must be a reasonable time having regard to—

(i) any provision in the Rules that prescribes the maximum period for transmission by the ICC of the request and supporting documents to the requested State:

(ii) if there is no such provision, the time it is likely to take for the ICC to prepare and transmit the request and supporting documents to New Zealand:

(iii) the time it is likely to take for the Minister to consider the request after receipt and for the notice to be transmitted to the District Court:

(d) if the District Court does not receive the notice within the time fixed by the District Court under paragraph (c), and does not extend that time under subsection (2), the District Court must discharge the person.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for surrender

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

(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 2
Arrest and surrender of person to a Tribunal

Arrest of persons

10 Release from remand at direction of Attorney-General

(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances

(1) that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

Part 2
Arrest and surrender of person to a Tribunal

Surrender of persons

13 Release from remand on refusal to surrender person

(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by notice in writing, order, as the case may require,—

(a) the release of the person from custody ; or
(b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in cus-tody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.