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INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 71 Procedure where person questioned

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 71

Procedure where person questioned

  (1)   Before a person is questioned under section   70, the person must be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the ICC and that he or she has the following rights:

  (a)   the right to remain silent without such silence being a consideration in the determination of guilt or innocence;

  (b)   the right to have legal assistance of his or her choosing or, if he or she does not have legal assistance, to have legal assistance assigned to him or her in any case where the interests of justice so require and without payment by him or her in such a case if he or she does not have sufficient means to pay for the assistance;

  (c)   the right to have his or her legal representative present when he or she is questioned unless he or she has voluntarily waived that right.

  (2)   If there is any inconsistency between subsection   ( 1) and any other Australian law, subsection   ( 1) prevails.

  (3)   This section does not give to any person a power to require another person to answer questions.