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

Person in transit

137.
Transferee to be held in custody—

(1)The transferee must, during the period of transit, be detained in custody in accordance with subsection (2).

(2)If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—

(a)the person holding the transferee in custody before the landing or call is made may hold the transferee in his or her custody or in police custody for a period not exceeding 96 hours; and

(b) a District Court may, on the application of a constable, order that the transferee be held in custody for such further period or periods as the court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be.

(3)If an unscheduled landing occurs and the ICC is required under section 136(6) to submit a request for transit, the transferee must be held in custody under subsection (2).

(4)If subsection (3) applies, the period of detention of the transferee may not be extended beyond 96 hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.

(5)If a District Court orders, under subsection (2)(b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 42.

Cf 1999 No 55 s 90(4); Statute, article 89(3)