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 84
Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter,
with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.