Part 3—Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons


24 Procedure following application for bail

(1) If an application for bail is made, the Attorney General must notify the ICC.

(2) The Attorney General must give to the magistrate who is considering the application the recommendations made by the ICC in relation to the application.

(3) Before giving a decision, the magistrate must consider the recommendations that the ICC has made, including any recommendations or measures to prevent the escape of the person.

(4) If the person is granted bail, the Attorney General must, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.

(5) This section applies with any necessary modifications to any application for bail made during the period until the person is surrendered or is released according to law.

Part 3—Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons


23 Remand

(5) The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

23 Remand

(5) The magistrate must remand the person in custody unless there are special circumstances justifying remand on bail.

6) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate must have regard to the following:

the gravity of the alleged crimes within the jurisdiction of the ICC;

whether there are urgent and exceptional circumstances that favour the grant of bail;

whether necessary safeguards exist to ensure that Australia can fulfil its duty under the Statute to surrender the person.

(7) Without limiting the other matters that may be taken into account in making a decision to grant bail, the magistrate may not consider whether any warrant of arrest issued by the ICC was properly issued in accordance with the Statute.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

24 Procedure following application for bail

If an application for bail is made, the Attorney-General must notify the ICC.

The Attorney-General must give to the magistrate who is considering the application the recommendations made by the ICC in relation to the application.

Before giving a decision, the magistrate must consider the recommendations that the ICC has made, including any recommendations or measures to prevent the escape of the person.

If the person is granted bail, the Attorney-General must, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.

This section applies with any necessary modifications to any application for bail made during the period until the person is surrendered or is released according to law.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.