PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Surrender and temporary surrender


54.
Surrender to State of enforcement—

(1)If a request for surrender relates to a convicted person who has escaped from custody and the ICC directs, under article 111 of the Statute, that the person be delivered to the State in which the person was serving the sentence or to any other State designated by the ICC, the Minister must arrange for the person to be delivered to the State specified in the direction.

(2)In any case in which subsection (1) applies, the surrender order may specify that the person be surrendered into the custody of duly authorised representatives of the State specified in the direction.

Cf Statute, article 111

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

Enforcement of sentences in New Zealand

149.
Extradition of escaped ICC prisoner—

(1)Subsection (2) applies if—

(a)an ICC prisoner serving a sentence in another State escapes from custody and is located in New Zealand; and

(b)the State designated by the ICC as the State of enforcement of the sentence makes a request to New Zealand for extradition in accordance with article 111 of the Statute.

(2)If this subsection applies, the Extradition Act 1999 applies to a request for extradition—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

(3)Subsection (4) applies if—

(a)an ICC prisoner serving a sentence in New Zealand escapes from custody and is located in another State; and

(b)the Minister wishes to make a request to that State for the person's extradition in accordance with article 111.

(4)If this subsection applies, the Minister may make a request for the prisoner's extradition under Part 6 of the Extradition Act 1999 and that Part applies—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

Cf Statute, article 111

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.