Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3—Enforcement of sentences


170 Directions about enforcement of sentence

(1) The Attorney General may, subject to section 169, give such directions as the Attorney General considers appropriate as to the duration and legal nature of the sentence of imprisonment as it is to be enforced under this Part.

(2) However, a direction reducing the sentence may only be given in accordance with a decision of the ICC under article 110 of the Statute.

(3) Without limiting subsection (1), directions may be given, in respect of a mentally impaired prisoner, as to any review to be undertaken of his or her mental condition and treatment to be provided to him or her following transfer.

(4) For the purpose of forming an opinion or exercising a discretion under this section, the Attorney General may inform himself or herself as he or she thinks fit and, in particular, may have regard to the following:

(a) any relevant decisions of the ICC;
(b) any views expressed by any State Minister concerned with the proposed transfer;
(c) any views expressed by prison authorities of any State;
(d) the legal nature of the sentence of imprisonment that might have been imposed if the acts or omissions constituting the crime within the jurisdiction of the ICC had been committed in Australia;
(e) any limitations or requirements arising under the Statute in relation to the way in which a sentence of imprisonment imposed by the ICC may be enforced in Australia.

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

170 Directions about enforcement of sentence

The Attorney-General may, subject to section 169, give such directions as the Attorney-General considers appropriate as to the duration and legal nature of the sentence of imprisonment as it is to be enforced under this Part.

However, a direction reducing the sentence may only be given in accordance with a decision of the ICC under article 110 of the Statute.

Without limiting subsection (1), directions may be given, in respect of a mentally impaired prisoner, as to any review to be undertaken of his or her mental condition and treatment to be provided to him or her following transfer.

(1) For the purpose of forming an opinion or exercising a discretion under this section, the Attorney-General may inform himself or

herself as he or she thinks fit and, in particular, may have regard to the following:

any relevant decisions of the ICC;

any views expressed by any State Minister concerned with the proposed transfer;

any views expressed by prison authorities of any State;

the legal nature of the sentence of imprisonment that might have been imposed if the acts or omissions constituting the crime within the jurisdiction of the ICC had been committed in Australia;

any limitations or requirements arising under the Statute in relation to the way in which a sentence of imprisonment imposed by the ICC may be enforced in Australia.

Article 110
Review by the Court concerning reduction of sentence
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.