Part 4—Other requests by ICC

Division 6—Questioning of person being investigated or prosecuted



71 Procedure where person questioned

(1) Before a person is questioned under section 70, the person must be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the ICC and that he or she has the following rights:

(b) the right to have legal assistance of his or her choosing or, if he or she does not have legal assistance, to have legal assistance assigned to him or her in any case where the interests of justice so require and without payment by him or her in such a case if he or she does not have sufficient means to pay for the assistance;

Part 14—Miscellaneous


185 Legal assistance

(1) A person who:

(a) has instituted, or proposes to institute, a proceeding before a magistrate or a court under this Act or in respect of detention under this Act; or
(b) is, or will be, a party to such a proceeding; or
(c) is, or will be, giving evidence or producing documents or other articles at such a proceeding;
may apply to the Attorney General for assistance under this section in respect of the proceeding.

(2) If the Attorney General is satisfied that:

(a) it would involve hardship to the person to refuse the application; and
(b) in all the circumstances, it is reasonable that the application be granted;
the Attorney General may authorise provision by the Commonwealth to the person of such legal or financial assistance in relation to the proceeding as the Attorney General determines.

(3) The assistance may be granted unconditionally or subject to such conditions as the Attorney General determines.

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

Part 4 Other requests by ICC

Division 6—Questioning of person being investigated or prosecuted

71 Procedure where person questioned

(1) Before a person is questioned under section 70, the person must be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the ICC and that he or she has the following rights:

the right to have legal assistance of his or her choosing or, if he or she does not have legal assistance, to have legal assistance assigned to him or her in any case where the interests of justice so require and without payment by him or her in such a case if he or she does not have sufficient means to pay for the assistance;

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

Part 14—Miscellaneous

185 Legal assistance

(1) A person who:

has instituted, or proposes to institute, a proceeding before a magistrate or a court under this Act or in respect of detention under this Act; or

is, or will be, a party to such a proceeding; or

is, or will be, giving evidence or producing documents or other articles at such a proceeding;
may apply to the Attorney-General for assistance under this section in respect of the proceeding.

(2) If the Attorney-General is satisfied that:

it would involve hardship to the person to refuse the application; and

in all the circumstances, it is reasonable that the application be granted;

the Attorney-General may authorise provision by the Commonwealth to the person of such legal or financial assistance in relation to the proceeding as the Attorney-General determines.

(3) The assistance may be granted unconditionally or subject to such conditions as the Attorney-General determines.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it