Spans in 'New Zealand - International Tribunals Act' tagged with 'Provisional arrest - release

'Provisional arrest - release - ICC proceedings' in document 'New Zealand - International Tribunals Act'

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More information about the keyword 'Provisional arrest - release - ICC proceedings'
More information about the document 'New Zealand - International Tribunals Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

10 Release from remand at direction of Attorney-General

(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances

(1) that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

Part 2
Arrest and surrender of person to a Tribunal

Surrender of persons

13 Release from remand on refusal to surrender person

(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by notice in writing, order, as the case may require,—

(a) the release of the person from custody ; or
(b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in cus-tody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.