New Zealand

International Crimes and International Criminal Court Act 2000

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Remand and bail

42.
Detention in place other than prison—

(1)This section applies if the District Court orders the detention of a person at any time under this Part.

(2)If the District Court concludes that detaining the person in prison would risk the person's life or health or be undesirable for any reason, the District Court may order that the person be held in custody—

(a)at the place where the person is for the time being; or

(b)at any other place that the District Court considers appropriate, having regard to the risk or reason involved.

(3)The person may be held as specified in subsection (2) until—

(a)the person can be detained in a prison without risk to that person's life or health; or

(b)the reason for not detaining the person in prison no longer applies; or

(c)the person is surrendered or discharged according to law.

(4)In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person's detention.

Cf 1999 No 55 s 52; Statute, article 59(5)

Keywords

Provisional arrest - detention pending surrender
Detention pending surrender



EDIT.