Spans in 'Canada: Extradition Act 1999' tagged with 'Escape

'Escape - national proceedings' in document 'Canada: Extradition Act 1999'

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More information about the keyword 'Escape - national proceedings'
More information about the document 'Canada: Extradition Act 1999'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 3

EXTRADITION TO CANADA

81. Escape

(3) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.

PART 3

EXTRADITION TO CANADA

81. Arrest

(4) If the person escapes, the authorized agent of the requested State or entity has the power to arrest them in fresh pursuit.

ANALYSIS

This provision is narrower than the ICC Statute.

The Extradition Act 1999 addresses the escape of prisoners convicted by the ICC in accordance with national law, which applies to national prisoners. However, this section only applies to those prisoners who are in custody awaiting surrender and is, therefore, narrower than the Rome Statute, which contemplates prisoners who escape after conviction by the ICC. Individuals being brought to Canada for trial are also dealt with in accordance with national law.