Part 3—Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons


24 Procedure following application for bail

(3) Before giving a decision, the magistrate must consider the recommendations that the ICC has made, including any recommendations or measures to prevent the escape of the person.

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 3—Enforcement of sentences


178 Extradition of escaped ICC prisoner

(1) If:

(a) an ICC prisoner serving a sentence in a foreign country escapes from custody and is located in Australia; and
(b) the foreign country makes a request to Australia for the person’s surrender in accordance with article 111 of the Statute;
the Extradition Act 1988 applies to the request:
(c) subject to necessary limitations, conditions, exceptions or qualifications; and
(d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

(2) If:

(a) an ICC prisoner serving a sentence in Australia escapes from custody and is located in a foreign country; and
(b) the Attorney General wishes to make a request to that country for the person’s surrender in accordance with article 111 of the Statute;
the Attorney General may request the person’s extradition under the Extradition Act 1988, and that Act applies:
(c) with any necessary limitations, conditions, exceptions or qualifications; and
(d) as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

Part 14—Miscellaneous


182 Arrest of persons escaping from custody or contravening conditions of recognisances

(1) A police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person has escaped from custody authorised by this Act.

(2) A police officer may, without warrant, arrest a person who has been released on bail under this Act if the police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person.

(3) A police officer who arrests a person under subsection (1) or (2) must, as soon as practicable, take the person before a magistrate.

(4) If the magistrate is satisfied that the person has escaped from custody authorised by this Act or has contravened, or is about to contravene, a term or condition of a recognisance, the magistrate may issue a warrant, by writing in the statutory form, authorising any police officer to return the person to the custody from which the person escaped, or was released on the recognisance, as the case may be.

183 Aiding persons to escape etc.

Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:
(a) arrest pursuant to this Act were arrest in respect of an offence against a law of the Commonwealth; and
(b) custody while in Australia pursuant to this Act were custody in respect of an offence against a law of the Commonwealth

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

Part 3 Requests by the ICC for arrest and surrender of persons

Division 3—Arrest of persons

24 Procedure following application for bail

Before giving a decision, the magistrate must consider the recommendations that the ICC has made, including any recommendations or measures to prevent the escape of the person.

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

178 Extradition of escaped ICC prisoner

(1) If:

an ICC prisoner serving a sentence in a foreign country escapes from custody and is located in Australia; and

the foreign country makes a request to Australia for the person’s surrender in accordance with article 111 of the Statute;

the Extradition Act 1988 applies to the request:

subject to necessary limitations, conditions, exceptions or qualifications; and
as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

(2) If:

an ICC prisoner serving a sentence in Australia escapes from custody and is located in a foreign country; and

the Attorney-General wishes to make a request to that country for the person’s surrender in accordance with article 111 of the Statute;

the Attorney-General may request the person’s extradition under the Extradition Act 1988, and that Act applies:

with any necessary limitations, conditions, exceptions or qualifications; and

as if the request related to a person who had been convicted of an extradition offence (within the meaning of that Act).

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

182 Arrest of persons escaping from custody or contravening conditions of recognisances

A police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person has escaped from custody authorised by this Act.

A police officer may, without warrant, arrest a person who has been released on bail under this Act if the police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person.

A police officer who arrests a person under subsection (1) or (2) must, as soon as practicable, take the person before a magistrate.

If the magistrate is satisfied that the person has escaped from custody authorised by this Act or has contravened, or is about to contravene, a term or condition of a recognisance, the magistrate may issue a warrant, by writing in the statutory form, authorising any police officer to return the person to the custody from which the person escaped, or was released on the recognisance, as the case may be.

183 Aiding persons to escape etc.

Sections 46, 46A, 47A, 47C and 48 of the Crimes Act 1914 have effect as if:

(a) arrest pursuant to this Act were arrest in respect of an offence against a law of the Commonwealth; and

custody while in Australia pursuant to this Act were custody in respect of an offence against a law of the Commonwealth.

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.