'Rights during investigation - legal assistance' in document 'New Zealand - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning persons

90.
Procedure where questioning by New Zealand agency—

(2)If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—

(b)to have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to the person, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Questioning persons

90.
Procedure where questioning by New Zealand agency—

(2)If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—

(c)to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.

Part 5

Domestic procedures for other types of
co-operation

Questioning persons

90 Procedure where questioning by New Zealand agency

(4) If the person seeks to have legal assistance assigned under sub-section (2)(b), that assistance may be provided under the Legal Services Act 2000 .

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:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it