'Rights during investigation - remain silent' in document 'Australia: ICC Act (2002)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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:

(a) the right to remain silent without such silence being a consideration in the determination of guilt or innocence;

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 remain silent without such silence being a consideration in the determination of guilt or innocence;

RELEVANT ROME STATUTE PROVISIONS

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:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence