PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Remand and bail

39.
Procedure following arrest—

(1)A person arrested on a warrant issued under section 34 or section 36 must, unless sooner discharged, be brought before a District Court as soon as possible.

(2)The person—

(a)is not entitled to bail as of right; and

(b)may not go at large without bail.

[(3)If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 31(1) to (3) of the Bail Act 2000 (as applied by section 49 of that Act).]

(4)Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court must have regard to the following:

(a)the gravity of the alleged crimes:

(b)whether there are urgent and exceptional circumstances that favour the grant of bail; and

(c)whether necessary safeguards exist to ensure that New Zealand can fulfil its duty under the Statute to surrender the person to the ICC.

(5)Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.
Cf 1999 No 55 s 23(1)-(3); Statute, article 59(2)-(4)

40.
Procedure for bail—

(1)If an application for bail is made, the Minister must notify the ICC which may make recommendations to the Minister that must be conveyed to the District Court that is considering the application.

(2)Before rendering its decision, the District Court must consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.

(3)If the person is granted bail, the Minister must, if the ICC requests, provide periodic reports to the ICC on the person's bail status.

(4)This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.

Cf 1999 No 55 s 44(1)-(3); Statute, article 59(2)-(6)

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for surrender

46.
Procedure following determination on eligibility or consent to surrender—

(3)If the District Court issues a warrant under subsection (2), the District Court may grant bail to the person in accordance with section 39.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.