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Parole Act 2002

Parole and other release from detention - Sentence calculation - Determining how much time has been served

93: Definition of extradition offender and ICC offender and MACM offender

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"What it means to be an extradition, ICC, or MACM offender in New Zealand law"

Illustration for Parole Act 2002

You are an extradition offender if you were sent to New Zealand from another country to face charges. This happens when you are convicted of a crime after being extradited to New Zealand. You must have been held in custody in the other country while they decided whether to send you to New Zealand. A certificate is needed to show how long you were held in custody before being sent to New Zealand, as stated in section 62 of the Extradition Act 1999 and section 64 of the Extradition Act 1999.

You are an ICC offender if section 98(1) of the International Crimes and International Criminal Court Act 2000 applies to you. A certificate is needed to show how long you were held in custody overseas before you were sentenced in New Zealand, as stated in section 99 of the International Crimes and International Criminal Court Act 2000.

You are a MACM offender if section 41A of the Mutual Assistance in Criminal Matters Act 1992 applies to you. A certificate is needed to show how long you were held in custody overseas before you were sentenced in New Zealand, as stated in section 41B of the Mutual Assistance in Criminal Matters Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139367.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"How your time in detention is recorded and checked"

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Part 1Parole and other release from detention
Sentence calculation: Determining how much time has been served

93Definition of extradition offender and ICC offender and MACM offender

  1. An offender is an extradition offender for the purpose of sections 91 and 92 if—

  2. the offender was convicted following his or her extradition to New Zealand of the offence to which the extradition related, or of any other offence for which he or she could be tried in New Zealand in accordance with section 64 of the Extradition Act 1999 as a result of that extradition; and
    1. the offender was detained in custody in the country from where the offender was extradited in relation to the request for extradition; and
      1. a certificate under section 62 of the Extradition Act 1999 was obtained showing the total period during which the offender was held in custody in relation to the request for extradition.

        1. An offender is an ICC offender if—

        2. section 98(1) of the International Crimes and International Criminal Court Act 2000 applies to the offender; and
          1. a certificate was obtained under section 99 of the International Crimes and International Criminal Court Act 2000 showing the total period during which the offender was held in custody overseas in relation to a request by the ICC before the imposition of sentence in New Zealand.

            1. An offender is a MACM offender if—

            2. section 41A of the Mutual Assistance in Criminal Matters Act 1992 applies to the offender; and
              1. a certificate was obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992 showing the total period during which the offender was held in custody overseas in relation to a request by a foreign country before the imposition of sentence in New Zealand.

                Compare
                Notes
                • Section 93 heading: amended, on , by section 18(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                • Section 93(3): added, on , by section 18(4) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).