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

Enforcement of sentences in New Zealand

144.
Transfer of prisoner to ICC for review of sentence—

(1)This section applies if the ICC, under article 110 of the Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in New Zealand.

(2)The Minister must direct that the prisoner be transferred to the ICC for the purposes of enabling the ICC to review the prisoner's sentence if the Minister is satisfied that—

(a)the prisoner is entitled to appear before the ICC at the review of the prisoner's sentence; or

(b)the ICC has requested the prisoner to appear before it at the review; or

(c)the interests of justice require the prisoner's attendance at the ICC.

(3)If the Minister gives a direction under subsection (2), the Minister must forward a notice of the direction to each of the following persons:

(a)the Commissioner of Police:

(b)the chief executive of the Department of Corrections:

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

(4)On the giving of a direction under subsection (2), the prisoner may be transported to the ICC and, if necessary, from the ICC in the custody of—

(a) a Police employee; or

(b)a prison officer; or

(c)a person authorised for the purpose by the ICC.

Cf Statute, articles 105(2), 110(3) and (5)

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.