PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand


139.
New Zealand may act as State of enforcement—

(1)The Minister may advise the ICC that New Zealand is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in New Zealand, subject to any specified conditions.

(2)If advice is given under subsection (1), the Minister may, at any time, advise the ICC—

(a)of further conditions that New Zealand wishes to impose in relation to the serving of sentences in New Zealand by ICC prisoners; or

(b)that it wishes to withdraw a condition referred to in subsection (1) or paragraph (a).


(3)Before providing advice under subsection (1) or subsection (2), the Minister must consult with—

(a)the Commissioner of Police; and

(b)the chief executive of the Department of Corrections; and

(c)the chief executive of the Department of Labour.

(4)If advice is given under subsection (1), the Minister may, at any time, advise the ICC that New Zealand is no longer willing to allow ICC prisoners to serve their sentences in New Zealand.

(5)Any advice given under subsection (4) does not affect the enforcement of sentences for which the Minister has accepted the designation of the ICC under section 140(1)(c).

Cf Statute, article 103(1) and (2)

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.