Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3—Enforcement of sentences


176 How ICC prisoner is to be transferred

(1) This section applies if an ICC prisoner is to be transferred from Australia to a foreign country to complete the service of his or her sentence.

(2) The Attorney General may issue a warrant, by writing in the statutory form, for the transfer of the prisoner.

(3) The warrant authorises the transfer of the prisoner from Australia to the foreign country to complete the service of his or her sentence.

(4) The warrant must:

(a) specify the name and date of birth of the prisoner; and
(b) state that the prisoner is to be transferred from Australia to the foreign country to complete the service of his or her sentence; and
(c) authorise an escort officer to collect the prisoner from the prison in which he or she is held in custody, or from the hospital or other place where he or she is detained, and transport the prisoner in custody to the foreign country; and
(d) require the superintendent of the prison, or the person in charge of the hospital or other place, to release the prisoner into the custody of the escort officer.


177 Special rules in certain cases

(1) An ICC prisoner serving a sentence in Australia may:

(a) be extradited to a foreign country in accordance with the Extradition Act 1988 either:
(i) after the completion of, or release from, the sentence; or
(ii) during the sentence, but only for a temporary period; or
(b) be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law.

(2) Despite subsection (1):

(a) a person to whom paragraph (1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and
(b) a person to whom paragraph (1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia;
for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph 162(1)(c).

(3) Subsection (2) does not apply to a person who:

(a) remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or
(b) voluntarily returns to Australia after having left it.

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

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3- Enforcement of Sentences

176 How ICC prisoner is to be transferred

This section applies if an ICC prisoner is to be transferred from Australia to a foreign country to complete the service of his or her sentence.

The Attorney-General may issue a warrant, by writing in the statutory form, for the transfer of the prisoner.

The warrant authorises the transfer of the prisoner from Australia to the foreign country to complete the service of his or her sentence.

The warrant must:

specify the name and date of birth of the prisoner; and

state that the prisoner is to be transferred from Australia to the foreign country to complete the service of his or her sentence; and

authorise an escort officer to collect the prisoner from the prison in which he or she is held in custody, or from the hospital or other place where he or she is detained, and transport the prisoner in custody to the foreign country; and

require the superintendent of the prison, or the person in charge of the hospital or other place, to release the prisoner into the custody of the escort officer.

177 Special rules in certain cases

(1) An ICC prisoner serving a sentence in Australia may:

(a) be extradited to a foreign country in accordance with the Extradition Act 1988 either:
after the completion of, or release from, the sentence; or

during the sentence, but only for a temporary period; or

(b) be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law.

(2) Despite subsection (1):

(a) a person to whom paragraph (1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and

(b) a person to whom paragraph (1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia;

for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph 162(1)(c) .

(3) Subsection (2) does not apply to a person who:

remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

voluntarily returns to Australia after having left it.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.