New Zealand

International War Crimes Tribunals Act 1995

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

9 Remand

(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 32, 34 and 35, and 37 to 39 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

Keywords

Provisional arrest
Fair trial standards
Provisional arrest - detention pending surrender
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
Detention pending surrender
Provisional arrest for ICC proceedings - national procedures



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