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

169 Duration and nature of enforced sentence

The sentence of imprisonment to be enforced must not be harsher, in legal nature, than the sentence of imprisonment imposed by the ICC.

Without limiting subsection (1), the sentence to be enforced under this Part:

must not be for a longer duration than the sentence imposed by the ICC; and

must not be of a kind that involves a more severe form of deprivation of liberty than the sentence of imprisonment imposed by the ICC.

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

172 ICC prisoner transferred to Australia to be regarded as a federal prisoner

(1) For the purpose of enforcement in Australia of a sentence of imprisonment by the ICC, on transfer of the ICC prisoner to Australia under this Part:
the sentence is taken to be a federal sentence of imprisonment; and
the prisoner is taken to be a federal prisoner.

(2) Any period of the sentence of imprisonment as originally imposed by the ICC that was served by the ICC prisoner before the transfer is taken to have been served under the sentence of imprisonment as it is enforced under this Part.

(3) An ICC prisoner who is transferred to Australia under this Part may, while serving a sentence of imprisonment imposed by the ICC that is enforced under this Part, be detained in a prison, or in a hospital or other place, in a State.

(4) Subject to subsection (6), any relevant Australian law, or practice or procedure lawfully observed, about the detention of prisoners applies in relation to the ICC prisoner on or after his or her transfer to Australia to the extent that it is capable of applying concurrently with this Part.

(5) Without limiting subsection (4), Australian law, and practice and procedure, relating to the following matters are applicable to an ICC prisoner who is transferred to Australia under this Part:

conditions of imprisonment and treatment of prisoners;

classification and separation of prisoners;

removal of prisoners from one prison to another;

removal of prisoners between prisons and hospitals or other places or between one hospital or other place and another;

treatment of mentally impaired prisoners;

subject to subsection (6), eligibility for participation in prison programs;

temporary absence from prison (for example, to work or seek work, to attend a funeral or visit a relative suffering a serious illness or to attend a place of education or training);

transfer of prisoners between States.

(6) Australian law, and practice and procedure, relating to release of prisoners on parole or release under a pre-release permit scheme (however called) are not applicable to an ICC prisoner who is transferred to Australia under this Part.

Article 103
Role of States in enforcement of sentences of imprisonment
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(b) The application of widely accepted international treaty standards governing the treatment of prisoners