Statement by the Delegation of the United States of America in response to the update by Ambassador Martin Sajdik and to the report by Ambassador Ertugrul Apakan
In this Act—
remanded in or committed to custody by an order of a court,
detained by virtue of an order under Part 6 of the Criminal Procedure (Scotland) Act 1995 (other than an order under section 60C) or a hospital direction under section 59A of that Act, and includes detention by virtue of the special restrictions set out in Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 to which a person is subject by virtue of an order under section 59 of the Criminal Procedure (Scotland) Act 1995, or
The judge may make an order under this Part of this Schedule if he is satisfied that there are reasonable grounds for suspecting— No such order shall be made if it appears to the judge that the material to which the application relates consists of or include items subject to legal privilege. Paragraphs 3 and 4 specify the descriptions of order that may be made.
An order under this Part of this Schedule has effect as if it were an order of the Crown Court. Provision may be made by Criminal Procedure Rules or, in Northern Ireland, Crown Court Rules as to—
The following provisions of the law of England and Wales do not apply— section 28 of the Prison Act 1952 (c. 52) (power to discharge prisoners temporarily on grounds of ill health); any provision of rules under section 47 of that Act (prison rules) permitting temporary release on licence; section 32 of the Criminal Justice Act 1982 (c. 48) or sections 243A to 264 of the Criminal Justice Act 2003(early release of prisoners); Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (release on licence of life prisoners). The following provisions of the law of Northern Ireland do not apply— any provision of rules under section 13 of the Prison Act (Northern Ireland) 1953 (c.18 (N.I.)) (prison rules) permitting temporary release on licence; the Life Sentences (Northern Ireland) Order 2001 (release on licence of life prisoners); section 24 of the Prison Act (Northern Ireland) 1953 (power to discharge prisoners temporarily on grounds of ill health). Chapter 4 of Part 2 to the Criminal Justice (Northern Ireland) Order 2008 (release on licence of certain prisoners).
“British ship” means a British ship within the meaning of the Merchant Shipping Act 1995 (c. 21), or one of Her Majesty’s ships.
References in this Act to articles are, unless otherwise indicated, to articles of the ICC Statute.
Schedule 1 to this Act contains supplementary provisions relating to the ICC.
Where the Secretary of State receives a request from the ICC for the arrest and surrender of a person alleged to have committed an ICC crime, or to have been convicted by the ICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.
If it appears to the Secretary of State that the request should be considered by an appropriate judicial officer in Scotland, he shall transmit the request and the documents accompanying it to the Scottish Ministers who shall transmit them to an appropriate judicial officer.
If the request is accompanied by a warrant of arrest and the appropriate judicial officer is satisfied that the warrant appears to have been issued by the ICC, he shall endorse the warrant for execution in the United Kingdom.
If in the case of a person convicted by the ICC the request is not accompanied by a warrant of arrest, but is accompanied by— the officer shall issue a warrant for the arrest of the person to whom the request relates.
a copy of the judgment of conviction,
information to demonstrate that the person sought is the one referred to in the judgment of conviction, and
where the person sought has been sentenced, a copy of the sentence imposed and a statement of any time already served and the time remaining to be served,
In this Part a warrant endorsed or issued under this section is referred to as a “section 2 warrant”.
This section applies where the Secretary of State receives from the ICC a request for the provisional arrest of a person alleged to have committed an ICC crime or to have been convicted by the ICC.
If it appears to the Secretary of State that application for a warrant should be made in England and Wales—
he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and
on an application by a constable stating on oath that he has reason to believe— an appropriate judicial officer shall issue a warrant for the arrest of that person.
that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
that the person is in, or on his way to, the United Kingdom,
If it appears to the Secretary of State that application for a warrant should be made in Scotland—
he shall transmit the request to the Scottish Ministers who shall instruct the procurator fiscal to apply for a warrant for the arrest of that person, and
on the application by the procurator fiscal, which shall state— an appropriate judicial officer shall issue a warrant for the arrest of that person.
that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
that the person is in, or on his way to, Scotland,
Where an appropriate judicial officer issues a warrant under this section, he shall notify the Secretary of State and, where the proceedings are in Scotland, the Scottish Ministers that he has done so.
In this Part a warrant issued under this section is referred to as a “provisional warrant”.
A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.
If there is produced to the court a section 2 warrant in respect of that person, the court shall proceed as if he had been arrested under that warrant.
If no such warrant is produced, the court shall remand him pending the production of such a warrant.
Provision shall be made by Order in Council under paragraph 3 of Schedule 1 (power to make provision to give effect to Rules of Evidence and Procedure) specifying— having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.
the period for which a person may be so remanded at any time, and
the total period for which a person may be so remanded,
If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him—
the court shall terminate the period of remand, and
he shall be treated as if arrested under that warrant—
if he was remanded in custody, at the time the warrant was produced to the court;
if he was remanded on bail, when he surrenders to his bail.
If no such warrant is produced to the court before the end of the period of the remand (including any extension of that period), the court shall discharge him.
The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.
A person arrested under a section 2 warrant shall be brought before a competent court as soon as is practicable.
If the competent court is satisfied— it shall make a delivery order.
that the warrant—
is a warrant of the ICC and has been duly endorsed under section 2(3), or
has been duly issued under section 2(4), and
that the person brought before the court is the person named or described in the warrant,
A “delivery order” is an order that the person be delivered up— in accordance with arrangements made by the Secretary of State.
into the custody of the ICC, or
if the ICC so directs in the case of a person convicted by the ICC, into the custody of the state of enforcement,
In the case of a person alleged to have committed an ICC crime, the competent court may adjourn the proceedings pending the outcome of any challenge before the ICC to the admissibility of the case or to the jurisdiction of the ICC.
In deciding whether to make a delivery order the court is not concerned to enquire—
whether any warrant issued by the ICC was duly issued, or
in the case of a person alleged to have committed an ICC crime, whether there is evidence to justify his trial for the offence he is alleged to have committed.
Whether or not it makes a delivery order, the competent court may of its own motion, and shall on the application of the person arrested, determine—
whether the person was lawfully arrested in pursuance of the warrant, and
whether his rights have been respected.
In making a determination under subsection (6) the court shall apply the principles which would be applied on an application for judicial review.
If the court determines— it shall make a declaration or declarator to that effect, but may not grant any other relief.
that the person has not been lawfully arrested in pursuance of the warrant, or
that the person’s rights have not been respected,
The court shall notify the Secretary of State (and, where the proceedings are in Scotland, the Scottish Ministers) of any declaration or declarator under subsection (8) and the Secretary of State shall transmit that notification to the ICC.
The following provisions apply in relation to proceedings before a competent court under section 5.
In the case of proceedings in England and Wales—
the court has the like powers, as nearly as may be, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, as if the proceedings were the summary trial of an information against that person;
if the court adjourns the proceedings, it shall on doing so remand the person whose surrender is sought;
the proceedings are criminal proceedings for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
section 16(1)(c) of the Prosecution of Offences Act 1985 (c. 23) (defence costs on dismissal of proceedings) applies, reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.
In the case of proceedings in Scotland—
the court has the like powers, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person;
the provisions of the Legal Aid (Scotland) Act 1986 (c. 47) relating to such proceedings, or any appeal proceedings following thereon, apply to that person.
A person arrested under this Part may consent to being delivered up into the custody of the ICC or, in the case of a person convicted by the ICC, of the state of enforcement. This is referred to below as “consent to surrender”.
Consent to surrender may be given—
by the person himself, or
in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
Consent to surrender must—
be given in writing in the prescribed form or a form to the like effect, and
be signed in the presence of a justice of the peace or, in Scotland, a sheriff. The “prescribed form” means that prescribed by Criminal Procedure Rules or, in Scotland, by the High Court of Justiciary by Act of Adjournal.
Where consent to surrender has been given—
a competent court before which the person is brought shall forthwith make a delivery order, and
he shall be taken to have waived his rights under section 12 (right to review of delivery order).
Where consent to surrender has been given, notice of that fact shall be given—
if the person is in custody, to the prison governor, constable or other person in whose custody he is;
if the person is on bail in England and Wales, to the officer in charge of the police station at which he is required to surrender to custody.
For the purposes of subsection (5)(b) notice shall be treated as given if it is sent by registered post, or recorded delivery, addressed to the officer mentioned.
If a competent court refuses to make a delivery order, it shall—
make an order remanding the person arrested, and
notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision and of the grounds for it.
If the court is informed without delay that an appeal is to be brought under section 9 or 10, the order remanding the person arrested shall continue to have effect.
If the court is not so informed, it shall discharge the person arrested.
If a competent court in England and Wales refuses to make a delivery order, the Secretary of State may appeal against the decision to the High Court. No permission is required for such an appeal, which shall be by way of re-hearing.
If the High Court allows the appeal it may—
make a delivery order, or
remit the case to the competent court to make a delivery order in accordance with the decision of the High Court.
If the High Court dismisses the appeal, the Secretary of State may, with the permission of the High Court or theSupreme Court, appeal to the Supreme Court. In relation to a decision of the High Court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (c. 65) (appeals to the Supreme Court) applies with the omission of so much of subsection (2) of that section as restricts the grant of leave to appeal.
The Supreme Court may exercise any of the powers conferred on the High Court by subsection (2) above.
Where a delivery order is made by the High Court or the Supreme Court, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes delivery order) apply in relation to that court as they apply to a competent court in England and Wales which makes a delivery order.
An order for the remand of the arrested person which continues in force under section 8(2) shall cease to have effect if the High Court dismisses the appeal and the Secretary of State does not without delay—
apply for permission to appeal to the Supreme Court, or
inform the High Court that he intends to apply for such permission. Subject to that, any such order shall have effect so long as the case is pending. For this purpose a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to allow a step to be taken out of time) there is no step that the Secretary of State can take.
If a competent court in Scotland refuses to make a delivery order, the procurator fiscal may appeal against the decision to the High Court of Justiciary by note of appeal.
If the High Court of Justiciary allows the appeal it may—
make a delivery order, or
remit the case to the competent court to make a delivery order in accordance with the decision of the High Court of Justiciary.
Where a delivery order is made by the High Court of Justiciary, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes delivery order) apply in relation to that court as they apply to a competent court in Scotland which makes a delivery order.
An order for the remand of the arrested person which continues in force under section 8(2) shall cease to have effect if the High Court of Justiciary dismisses the appeal. Subject to that, any such order shall have effect so long as the case is pending. For this purpose a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to allow a step to be taken out of time) there is no step that the procurator fiscal can take.
In relation to an appeal under this section the High Court of Justiciary may make an order providing for the detention of the person to whom it relates or may grant bail.
Section 177(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (disposal of the application for bail) applies for the purposes of such an appeal as it applies for the purposes of an appeal such as is mentioned in section 176 of that Act.
Where a competent court makes a delivery order in respect of a person, the court shall—
commit the person to custody or on bail to await the Secretary of State’s directions as to the execution of the order,
inform the person of his rights under section 12 (right to review of delivery order) in ordinary terms and in a language which appears to the court to be one which he fully understands and speaks, and
notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision.
A person committed to custody under subsection (1)(a) shall be committed to prison or to the custody of a constable.
A court which commits a person to custody under subsection (1)(a) may subsequently grant bail.
The Secretary of State shall not give directions for the execution of a delivery order until after the end of the period of 15 days beginning with the date on which the order is made. This does not apply if the person in respect of whom the order is made—
waives his rights under this section (see section 13), or
is taken to have done so (see section 7(4)(b)).
If before the end of that period an application for habeas corpus is made by the person in respect of whom the delivery order is made, or on his behalf, directions for the execution of the order shall not be given while proceedings on the application are still pending.
Proceedings on any such application shall be treated as pending until they are discontinued or there is no further possibility of an appeal. For this purpose any power of a court to allow an appeal out of time shall be disregarded.
On an application for habeas corpus to which this section applies—
the court shall set aside the delivery order and order the person’s discharge if it is not satisfied of the matters mentioned in section 5(2), and
the provisions of section 5(4) to (9) apply in relation to the court to which the application is made as they apply to the court that made the delivery order (but with the substitution in section 5(6) for “makes a delivery order” of “sets aside the delivery order”).
In the application of this section to Scotland references to an application for habeas corpus shall be read as references to the presentation of a Bill of Suspension.
A person in respect of whom a delivery order has been made may waive his right to review of the order.
Waiver of the right to review may be made—
by the person himself, or
in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
Waiver of the right to review must—
be made in writing in the prescribed form or a form to the like effect, and
be signed in the presence of a justice of the peace or, in Scotland, a sheriff. The “prescribed form” means that prescribed by Criminal Procedure Rules or, in Scotland, by the High Court of Justiciary by Act of Adjournal.
Where a person has waived his right to review of the delivery order—
no such application as is mentioned in section 12 may be made, and
the order shall be taken for all purposes to be validly made.
Where a person has waived his right to review, notice of that fact shall be given—
if the person is in custody, to the prison governor, constable or other person in whose custody he is;
if the person is on bail in England and Wales, to the officer in charge of the police station at which he is required to surrender to custody.
For the purposes of subsection (5)(b) notice shall be treated as given if it is sent by registered post, or recorded delivery, addressed to the officer mentioned.
For the purposes of any enactment or rule of law relating to warrants of arrest— shall be treated as if it were a warrant for the arrest of a person for an offence committed in that part of the United Kingdom.
a section 2 warrant endorsed or issued in any part of the United Kingdom, or
a provisional warrant issued in any part of the United Kingdom,
Any such warrant may be executed in any part of the United Kingdom, and may be so executed by any person to whom it is directed or by any constable.
A person arrested under any such warrant shall be deemed to continue in legal custody until, in accordance with this Part, he is brought before a competent court.
A delivery order is sufficient authority for any person acting in accordance with the directions of the Secretary of State to receive the person to whom the order relates, keep him in custody and convey him to the place where he is to be delivered up into the custody of the ICC (or, as the case may be, of the state of enforcement) in accordance with arrangements made by the Secretary of State.
A person in respect of whom a delivery order is in force is deemed to be in legal custody at any time when, being— he is being taken under the order to or from any place or is being kept in custody pending his delivery up under the order.
in the United Kingdom, or
on board a British ship, a British aircraft or a British hovercraft,
A person authorised for the purposes of a delivery order to take the person to whom the order relates to or from any place or, to keep him in custody, has all the powers, authority, protection and privileges—
if he is in the United Kingdom, of a constable in that part of the United Kingdom, or
if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the other person is to be taken.
If a person in respect of whom a delivery order is in force escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place where or to which, by virtue of this Part, he is required to be or to be taken.
For the purposes of subsection (4) a “constable” means—
a person who is a constable in any part of the United Kingdom, and
in relation to any place, a person who, at that place, has, under any enactment (including subsection (3)), the powers of a constable in any part of the United Kingdom.
Where under this Part a court has power to remand a person, the court may—
remand him in custody, that is, commit him for the period of the remand to prison or to the custody of a constable, or
if an application for bail is made to the court, remand him on bail, that is, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time appointed for him to do so.
The provisions of the Bail Act 1976 (c. 63) apply to proceedings under this Part in England and Wales as to proceedings against a fugitive offender.
The time appointed under subsection (1)(b) for a person to surrender to custody—
shall be a time appointed by the officer in charge of the specified police station and notified in writing to the person remanded, and
shall not be more than 24 hours before the time at which it appears to that officer that the period of remand is likely to end.
Where under this Part a court in Scotland has power to remand a person and the person makes an application to the court for bail, the court may admit him to bail and shall have the like powers in doing so as it has in proceedings in respect of an offence alleged to have been committed by him.
Nothing in this Part shall be taken as authorising a court to grant bail to a person who is serving a sentence of imprisonment or detention to which he has been sentenced by a national court, or who is in custody awaiting trial or sentence by a national court.
The following provisions apply where a person is granted bail under this Part by a competent court in England and Wales.
Where a court— the court shall in the meantime commit the person to the custody of a constable.
grants bail but is unable to release the person because no surety or suitable surety is available, and
fixes the amount in which the surety is to be bound with a view to the recognizance of the surety being entered into subsequently,
During the period between the surrender of a person to custody and the end of the period of remand he shall be treated as committed to the custody of the constable to whom he surrenders.
Where it appears to that officer that the end of the period of remand will be unexpectedly delayed, he shall grant the person bail subject to a duty to surrender himself into the custody of the officer in charge of the specified police station at the time appointed for him to do so. The time appointed under this subsection for the person to surrender to custody—
shall be a time to be appointed by the officer in charge of the specified police station and notified in writing to the person remanded, and
shall not be more than 24 hours before the time at which it appears to that officer that the period of remand is likely to end.
If a person required to surrender to custody in accordance with subsection (4) fails to do so—
the court by which he was remanded may issue a warrant for his arrest,
provisions of section 14 (effect of warrant of arrest) apply in relation to the warrant, and
on his arrest the person shall be brought before the court which shall reconsider the question of bail.
In this section “the specified police station” means the police station specified by the competent court under section 16(1)(b).
Where an application for bail is made in proceedings under this Part in England and Wales—
the court shall notify the Secretary of State of the application,
the Secretary of State shall consult with the ICC, and
bail shall not be granted without full consideration of any recommendations made by the ICC.
Where an application for bail is made in proceedings under this Part in Scotland—
the court shall notify the Scottish Ministers of the application,
the Scottish Ministers shall notify the Secretary of State who shall consult with the ICC and shall notify the Scottish Ministers of any recommendations made by the ICC, and
bail shall not be granted without full consideration of any such recommendations.
In considering any such application as is mentioned in subsection (1) or (2) the court shall consider—
whether, given the gravity of the offence or offences he is alleged to have committed or, as the case may be, of which he has been convicted by the ICC, there are urgent and exceptional circumstances justifying release on bail, and
whether any necessary measures have been or will be taken to secure that the person will surrender to custody in accordance with the terms of his bail.
If the person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, an application may be made, by him or on his behalf, for his discharge.
The application shall be made—
in the case of an order made in England and Wales, to the High Court;
in the case of an order made in Scotland, to the High Court of Justiciary.
On an application under this section the court shall order the person’s discharge unless reasonable cause is shown for the delay.
Where the ICC informs the Secretary of State that a person arrested under this Part is no longer required to be surrendered—
the Secretary of State shall notify an appropriate judicial officer of that fact, and
that officer shall, on receipt of the notification, make an order for his discharge.
Where the person was arrested in Scotland, the Secretary of State shall inform the Scottish Ministers who shall notify an appropriate judicial officer.
This section applies where the Secretary of State receives a request from the ICC for transit of a person being surrendered by another state.
If the Secretary of State accedes to the request—
the request shall be treated for the purposes of this Part as if it were a request for that person’s arrest and surrender,
the warrant accompanying the request shall be deemed to have been endorsed under section 2(3), and
the person to whom the request relates shall be treated on arrival in the United Kingdom as if he had been arrested under that warrant.
In relation to a case where this section applies—
the reference in section 5(2)(a)(i) to the warrant having been duly endorsed under section 2(3) shall be read as a reference to the Secretary of State having acceded to the request for transit; and
section 12(1) (right to review of delivery order: period for making application) shall have effect as if the reference to 15 days (the period during which directions to execute delivery order are not to be given) were a reference to two days.
A person in transit under this section shall not be granted bail.
If a person being surrendered by another state makes an unscheduled landing in the United Kingdom, he may be arrested by any constable and shall be brought before a competent court as soon as is practicable.
The court shall remand him in custody pending—
receipt by the Secretary of State of a request from the ICC for his transit, and
the Secretary of State’s decision whether to accede to the request.
If no such request is received by the Secretary of State before the end of the period of 96 hours beginning with the time of the arrested person’s unscheduled landing—
the Secretary of State shall forthwith notify the court of that fact, and
the court shall, on receipt of the notification, discharge the arrested person.
If the Secretary of State receives such a request before the end of that period, he shall notify the court without delay of his decision whether to accede to the request.
If the Secretary of State notifies the court that he has decided to accede to the request—
the court shall, on receipt of the notification, terminate the period of remand, and
the provisions of section 21 (request for transit) apply with the substitution for the reference in subsection (2)(c) to the time of arrival in the United Kingdom of a reference to the time of notification to the court.
If the Secretary of State notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification, discharge the arrested person.
In the applications of subsections (3) to (6) to proceedings in Scotland, any duty of the Secretary of State to notify the court shall be read as a duty to notify the Scottish Ministers who shall forthwith notify the court accordingly.
Any state or diplomatic immunity attaching to a person by reason of a connection with a state party to the ICC Statute does not prevent proceedings under this Part in relation to that person.
Where— the waiver shall be treated as extending to proceedings under this Part in connection with that request.
state or diplomatic immunity attaches to a person by reason of a connection with a state other than a state party to the ICC Statute, and
waiver of that immunity is obtained by the ICC in relation to a request for that person’s surrender,
A certificate by the Secretary of State— is conclusive evidence of that fact for the purposes of this Part.
that a state is or is not a party to the ICC Statute, or
that there has been such a waiver as is mentioned in subsection (2),
The Secretary of State may in any particular case, after consultation with the ICC and the state concerned, direct that proceedings (or further proceedings) under this Part which, but for subsection (1) or (2), would be prevented by state or diplomatic immunity attaching to a person shall not be taken against that person.
The power conferred by section 1 of the United Nations Act 1946 (c. 45) (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any proceedings such provision corresponding to the provision made by this section in relation to the proceedings, but with the omission— as appears to Her Majesty to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).
in subsection (1), of the words “by reason of a connection with a state party to the ICC Statute”, and
of subsections (2) and (3),
In this section “state or diplomatic immunity” means any privilege or immunity attaching to a person, by reason of the status of that person or another as head of state, or as representative, official or agent of a state, under—
the Diplomatic Privileges Act 1964 (c. 81), the Consular Relations Act 1968 (c.18), the International Organisations Act 1968 (c.48) or the State Immunity Act 1978 (c.33),
any other legislative provision made for the purpose of implementing an international obligation, or
any rule of law derived from customary international law.
Schedule 2 makes provision for cases where the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person—
against whom criminal proceedings are pending or in progress before a national court, or who has been dealt with in such proceedings,
against whom extradition proceedings are pending or in progress in the United Kingdom, or in respect of whom a warrant or order has been made in such proceedings, or
against whom proceedings are pending or in progress in the United Kingdom for a delivery order under— or against whom a delivery order has been made in such proceedings.
the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716) , or
the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),
For the purposes of this Part the copy of a warrant issued by the ICC that is transmitted to the Secretary of State shall be treated as if it were the original warrant.
Where facsimile transmission is used— this Part applies as if the documents so sent were the originals of the documents so transmitted. Any such document shall be receivable or, in Scotland, admissible in evidence accordingly.
for the making of a request by the ICC or the transmission of any supporting documents, or
for the transmission of any document in consequence of such a request,
Where the ICC amends a warrant of arrest, the provisions of this Part apply to the amended warrant as if it were a new warrant. This does not affect the validity of anything done in reliance on the old warrant.
“items subject to legal privilege” and “premises” have the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
“competent court” means a court consisting of an appropriate judicial officer.
Her Majesty may by Order in Council make such provision as appears to Her Majesty to be necessary or expedient for giving effect to—
any Rules of Procedure and Evidence having effect under article 51, and
any related agreement to which the United Kingdom, or Her Majesty’s government in the United Kingdom, is a party.
For the purposes of this Act a certificate purporting to be issued by or on behalf of the ICC stating— is admissible in proceedings under this Act as evidence of the facts stated. In proceedings under Part 2, 3 or 4 of this Act a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given, in proceedings before the ICC is admissible as evidence of any fact stated in it. For this purpose a document is duly authenticated if it purports to be certified by any person in his capacity as a judge or officer of the ICC, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document setting out or summarising the evidence or a true copy of that document. Nothing in this paragraph affects the admission of any evidence, whether contained in a document or otherwise, which is admissible apart from this paragraph.
In this Part of this Schedule “criminal proceedings” means proceedings before a national court—
for dealing with an individual accused of an offence,
for dealing with an individual convicted of an offence, or
on an appeal from any proceedings within paragraph (a) or (b).
Where a court makes a delivery order in respect of a person whose extradition has been ordered under the Extradition Act 2003, it may make any such order as is necessary to enable the delivery order to be executed. The court may, in particular, suspend or revoke any warrant or other order made . . . in respect of the person.
Where in pursuance of Part 2 of this Act a person who is a prisoner is delivered up— he shall continue to be liable to complete any term of imprisonment or detention to which he had been sentenced by a national court. But there shall be counted towards the completion of that term any time during which he is in the custody of the ICC or of another state. Where in pursuance of Part 2 of this Act a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of imprisonment or detention to which he has been sentenced by a national court. Accordingly, a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject. Where in pursuance of Part 2 of this Act a delivery order is made in respect of a person who is a prisoner, the order may include provision authorising the return of the prisoner into the custody of the Secretary of State— and for his transfer in custody to the place where he is liable to be detained under the sentence of the national court to which he is subject. In the application of sub-paragraph (3) where the prisoner is liable to be detained in Scotland— In this paragraph “prisoner” means—
The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence. Any such requirement— If the person fails to attend in accordance with the order— Sub-paragraphs (1) to (3) do not apply where the person concerned is in prison or is otherwise lawfully detained. In that case the necessary identification evidence may be taken at the place where he is detained or at such other place as the nominated court may direct.
After fingerprints or a sample are taken under this Schedule, there shall be recorded as soon as is reasonably practicable any of the following which apply— A copy of the record shall be sent to the Secretary of State for transmission to the ICC together with the material obtained under this Schedule.
Where an order for the winding up of a company has been made under the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or a resolution has been passed by a company for voluntary winding up under that Order, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to— Where such an order has been made or such a resolution has been passed, the powers conferred on a receiver appointed under paragraph 5 shall not be exercised in relation to any property held by the company in relation to which the functions of the liquidator are exercisable— Nothing in the Insolvency (Northern Ireland) Order 1989 shall be taken as restricting, or enabling the restriction of, the exercise of those powers. In this paragraph— In any case in which a winding up of a company commenced or is treated as having commenced before 1st October 1991 (the date on which the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) came into operation), this paragraph shall have effect with the substitution for references to that Order of references to the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).
A “freezing order” is an order prohibiting any person from dealing with property specified in the order otherwise than in accordance with such conditions and exceptions as may be specified in the order. A freezing order shall provide for notice to be given to persons affected by the order.
Where a freezing order has been made, a constable may, for the purpose of preventing any property specified in the order from being removed from the jurisdiction, seize the property. The reference in sub-paragraph (1) to property being removed from the jurisdiction is to its being removed from England and Wales or Northern Ireland, as the case may be. Property seized under this paragraph shall be dealt with in accordance with the directions of the High Court.
Where a person is made bankrupt in England and Wales— is excluded from the bankrupt’s estate for the purposes of Part 9 of the Insolvency Act 1986 (c. 45). Where a person has been made bankrupt in England and Wales, the powers conferred on a receiver appointed under paragraph 5 above shall not be exercised in relation to— Nothing in that Act shall be taken as restricting, or enabling the restriction of, the exercise of those powers. Where, in the case of a debtor, an interim receiver stands appointed under section 286 of that Act and any property of the debtor is subject to a freezing order, the powers conferred on the receiver by virtue of that Act do not apply to property for the time being subject to the freezing order. In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29th December 1986 (the date on which the Insolvency Act 1986 (c. 45) came into force), this paragraph shall have effect with the following modifications—
In this Part of this Schedule “other delivery proceedings” means proceedings before a court in the United Kingdom for a delivery order under— and “the relevant International Tribunal”, in relation to such proceedings, means the international tribunal to which the Order in question relates.
the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or
the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296);
Where a court makes a delivery order under this Part of this Act in respect of a person in respect of whom a delivery order has been made under— the court may make any order necessary to enable the person to be delivered up under this Part of this Act. The court may, in particular, suspend or revoke the other delivery order.
The nominated court may order the taking by a constable of the person’s fingerprints or a non-intimate sample (or both). In the case of a non-intimate sample— In the following provisions of this Schedule “the necessary identification evidence” means the fingerprints or sample (or both) required by the order of the nominated court.
A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent. An officer may give an authorisation under sub-paragraph (1) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is reasonably practicable. Before fingerprints or a sample are taken from a person upon an authorisation given under sub-paragraph (1), he shall be informed that the authorisation has been given.
This paragraph applies to the following material— The material must be destroyed— If fingerprints are required to be destroyed by virtue of sub-paragraph (2), any copies of the fingerprints held by the police must also be destroyed. If a DNA profile is required to be destroyed by virtue of sub-paragraph (2), no copy may be retained by the police except in a form which does not include information from which the person to whom the DNA profile relates can be identified. In this paragraph—
an offence under section 58 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;
For the purposes of this Part—
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
The powers conferred by this Part on the Secretary of State are exercisable for the purpose of providing assistance to the ICC in relation to investigations or prosecutions where—
an investigation has been initiated by the ICC, and
the investigation and any proceedings arising out of it have not been concluded.
Where facsimile transmission is used— this Part applies as if the documents so sent were the originals of the documents so transmitted. Any such document shall be receivable in evidence accordingly.
for the making of a request by the ICC or the transmission of any supporting documents, or
for the transmission of any document in consequence of such a request,
Nothing in this Part shall be read as preventing the provision of assistance to the ICC otherwise than under this Part.
This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.
The person concerned shall not be questioned in pursuance of the request unless—
he has been informed of his rights under article 55, and
he consents to be interviewed.
The provisions of article 55 are set out in Schedule 3 to this Act.
Consent for the purposes of subsection (2)(b) may be given—
by the person himself, or
in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as is reasonably practicable.
This section applies where the Secretary of State receives a request from the ICC for assistance in the taking or production of evidence. For this purpose “evidence” includes documents and other articles.
The Secretary of State may nominate a court in England and Wales or Northern Ireland to receive the evidence to which the request relates.
For this purpose the nominated court—
has the same powers with respect to securing the attendance of witnesses and the production of documents or other articles as it has for the purpose of other proceedings before the court; and
may take evidence on oath.
A person shall not be compelled to give evidence or produce anything in proceedings under this section that he could not be compelled to give or produce in criminal proceedings in the part of the United Kingdom in which the nominated court has jurisdiction.
If in order to comply with the request it is necessary for the evidence received by the court to be verified in any manner, the notice nominating the court shall specify the nature of the verification required.
No order for costs shall be made in proceedings under this section.
The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.
The court may, if it thinks it necessary in order to protect— direct that the public be excluded from the court.
victims and witnesses, or a person alleged to have committed an ICC crime, or
confidential or sensitive information,
The court shall ensure that a register is kept of the proceedings that indicates, in particular—
which persons with an interest in the proceedings were present,
which of those persons were represented and by whom, and
whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.
The register shall not be open to inspection except as authorised by the Secretary of State or with the leave of the court.
A copy of the register of the proceedings shall be sent to the Secretary of State for transmission to the ICC.
This section applies where the Secretary of State receives from the ICC a summons or other document together with a request for it to be served on a person in England, Wales or Northern Ireland.
The Secretary of State may direct the chief officer of police for the area in which the person appears to be to cause the document to be personally served on him.
If the document is so served, the chief officer of police shall forthwith inform the Secretary of State when and how it was served.
If it does not prove possible to serve the document, the chief officer of police shall forthwith inform the Secretary of State of that fact and of the reason.
In the application of this section to Northern Ireland the reference to the chief officer of police shall be read as a reference to the Chief Constable of the Royal Ulster Constabulary.
This section applies where the Secretary of State receives a request from the ICC for the temporary transfer of a prisoner to the ICC for purposes of identification or for obtaining testimony or other assistance.
Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.
The relevant Minister may issue a warrant (a “transfer warrant”) requiring the prisoner to be delivered up, in accordance with arrangements made by the relevant Minister with the ICC, into the custody of the ICC.
A transfer warrant shall not be issued unless the prisoner consents to the transfer, but consent may not be withdrawn after the issue of the warrant.
The following provisions of Part 2 of this Act apply in relation to a transfer warrant under this section as they apply in relation to a delivery order under that Part— section 15 (effect of delivery order), and section 24 and Schedule 2 (delivery up of persons subject to criminal proceedings, &c.).
In this section “prisoner” means—
a person serving a sentence in a prison to which the Prison Act 1952 (c. 52) or the Prison Act (Northern Ireland) 1953 (c.18(N.I.)) applies,
a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 (c. 45) applies,
a person serving a sentence of service detention (within the meaning of the Armed Forces Act 2006) or imprisonment imposed by a service court,
a person detained in custody otherwise than in pursuance of a sentence, including in particular—
a person in custody awaiting trial or sentence,
a person committed to prison for contempt or for default in paying a fine,
a person in custody in connection with proceedings to which Part 2 or 3 of Schedule 2 applies (extradition or other delivery proceedings),
a person detained under any provision of the Immigration Act 1971 (c. 77) or the Nationality, Immigration and Asylum Act 2002 .
For the purposes of the Immigration Acts (within the meaning given by section 158 of the Nationality, Immigration and Asylum Act 2002(c. 33)) a person detained under any provision of the Immigration Act 1971 or the Nationality, Immigration and Asylum Act 2002 is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).
In this section, “the relevant Minister” means—
in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State;
in relation to a person detained in Scotland, the Scottish Ministers.
This section applies where the Secretary of State receives from the ICC a request for assistance which appears to him to require the exercise of any of the powers conferred by Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Part III of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (powers of entry, search and seizure).
The Secretary of State may direct a constable to apply for a warrant or order under the relevant Part, which shall apply in relation to an ICC crime as it applies to (in the case of Part 2 of the 1984 Act) to an indictable offence or (in the case of Part III of the 1989 Order) to a serious arrestable offence .
The provisions of Schedule 4 have effect with respect to the taking of fingerprints or a non-intimate sample in response to a request from the ICC for assistance in obtaining evidence as to the identity of a person.
In subsection (1) and that Schedule “fingerprints” and “non-intimate sample” have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
Proceedings before the ICC in respect of an ICC crime are criminal proceedings for the purposes of paragraph 6 of Schedule 5 to the Coroners and Justice Act 2009 or section 11 of the Coroners Act (Northern Ireland) 1959 (c.15(N.I.)) (power of coroner to order exhumation).
This section applies where the Secretary of State receives a request from the ICC for the provision of records and documents relating to—
the evidence given in any proceedings in England and Wales or Northern Ireland in respect of conduct that would constitute an ICC crime, or
the results of any investigation of such conduct with a view to such proceedings.
The Secretary of State shall take such steps as appear to him to be appropriate to obtain the records and documents requested, and on their being produced to him he shall transmit them to the ICC.
Where the Secretary of State receives a request from the ICC for assistance— the Secretary of State may direct a constable to apply for an order or warrant under Schedule 5.
in ascertaining whether a person has benefited from an ICC crime, or
in identifying the extent or whereabouts of property derived directly or indirectly from an ICC crime,
In that Schedule— Part 1 makes provision for production or access orders, Part 2 makes provision for the issuing of search warrants, and Part 3 contains supplementary provisions.
Where the Secretary of State receives a request from the ICC for assistance in the freezing or seizure of proceeds, property and assets or instrumentalities of crime for the purpose of eventual forfeiture, he may—
authorise a person to act on behalf of the ICC for the purposes of applying for a freezing order, and
direct that person to apply for such an order under Schedule 6.
Nothing in any of the provisions of this Part, or any corresponding provision of an Act of the Scottish Parliament, requires or authorises the production of documents, or the disclosure of information, which would be prejudicial to the security of the United Kingdom.
For the purposes of any such provision a certificate signed by or on behalf of the Secretary of State to the effect that it would be prejudicial to the security of the United Kingdom for specified documents to be produced, or for specified information to be disclosed, is conclusive evidence of that fact.
If in order to comply with a request of the ICC it is necessary for any evidence or other material obtained under this Part to be verified in any manner, the Secretary of State may give directions as to the nature of the verification required.
Any evidence or other material obtained under this Part by a person other than the Secretary of State, together with any requisite verification, shall be sent to the Secretary of State for transmission to the ICC.
Where any evidence or other material is to be transmitted to the ICC, there shall be transmitted— as may be necessary to comply with the request of the ICC.
where the material consists of a document, the original or a copy, and
where the material consists of any other article, the article itself or a photograph or other description of it,
This section applies where—
the United Kingdom is designated by the ICC as the state in which a person (“the prisoner”) is to serve a sentence of imprisonment imposed by the ICC, and
the Secretary of State informs the ICC that the designation is accepted.
Where the Secretary of State is minded that the prisoner should be detained in Scotland—
he shall consult the Scottish Ministers, and
if the Scottish Ministers agree that the prisoner should be detained in Scotland, they shall issue a warrant authorising the bringing of the prisoner to Scotland.
Where subsection (2) does not apply or the Scottish Ministers do not agree, the Secretary of State shall issue a warrant authorising—
the bringing of the prisoner to England and Wales or Northern Ireland,
the detention of the prisoner there in accordance with the sentence of the ICC, and
the taking of the prisoner to a specified place where he is to be detained. The provisions of the warrant may be varied by the Secretary of State, and shall be so varied to give effect to any variation of the ICC’s sentence.
A prisoner subject to a warrant authorising his detention in England and Wales or Northern Ireland shall be treated for all purposes, subject to subsection (5) and Schedule 7, as if he were subject to a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which he is to be detained.
The following enactments do not apply to a person detained in pursuance of a sentence of the ICC—
the Repatriation of Prisoners Act 1984 (c. 47),
Schedule 1 to the Crime (Sentences) Act 1997 (c. 43) (transfer of prisoners within the British Islands). As to transfer of such a person within the United Kingdom, see sections 44 and 45 below.
Schedule 7 excludes the operation of certain statutory provisions in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.
This section applies where the Secretary of State receives a request from the ICC—
for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or
for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.
If the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.
The relevant Minister shall—
issue a warrant authorising the prisoner’s temporary return or transfer in accordance with the request,
make the necessary arrangements with the ICC or, as the case may be, the other state, and
give such directions as to the custody, surrender and (where appropriate) return of the prisoner as appear to him appropriate to give effect to the arrangements.
Where the prisoner is temporarily returned to the custody of the ICC, the warrant authorising his detention in any part of the United Kingdom shall continue to have effect so as to apply to him again on his return.
In this section “the relevant Minister” means—
in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
in relation to a person detained in Scotland, the Scottish Ministers.
The relevant Minister may make an order for the transfer of the prisoner to another part of the United Kingdom to serve the whole or part of the remainder of the ICC sentence there.
No such order shall be made—
for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.
An order under this section shall be subject to such conditions (if any) as the relevant Minister may impose from time to time.
If an order is made under this section the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred—
shall continue to have effect, and
shall have effect as if it were a warrant authorising his detention in the part of the United Kingdom to which he is transferred.
A prisoner transferred under this section to England and Wales or Northern Ireland shall be treated for all purposes, subject as mentioned in section 42(4), as if he were serving a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in the part of the United Kingdom to which he is transferred.
In this section “the relevant Minister” means—
in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
in relation to a person detained in Scotland, the Scottish Ministers.
This section applies where it appears to the relevant Minister—
that the prisoner should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, or
that the attendance of the prisoner at a place in another part of the United Kingdom is desirable in the interests of justice, or for the purposes of any public inquiry.
The relevant Minister may make an order for the transfer of the prisoner to that part of the United Kingdom.
No such order shall be made—
for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.
An order under this section shall be subject to such conditions (if any) as the relevant Minister thinks fit to impose. Any such conditions may be varied or removed at any time.
Where an order is made under this section—
the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred shall continue to have effect, and
he shall be returned to that part of the United Kingdom when the purposes for which the order is made are fulfilled.
In this section “the relevant Minister” means—
in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
in relation to a person detained in Scotland, the Scottish Ministers.
Where a person who completes a term of imprisonment imposed by the ICC— he shall be treated as if he had been transferred from the part of the United Kingdom in which the domestic sentence was imposed, by order under Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), on a restricted transfer subject to such conditions as the relevant Minister may consider appropriate.
is still subject to a domestic sentence of imprisonment, whether imposed before or during his imprisonment in pursuance of the sentence of the ICC, and
has been transferred to another part of the United Kingdom under section 44 or 45,
In subsection (1)—
a “domestic sentence” means a sentence imposed by a court in the United Kingdom, and
“the relevant Minister” means—
where the domestic sentence was imposed in England and Wales or Northern Ireland, the Secretary of State, and
where the domestic sentence was imposed in Scotland, the Scottish Ministers.
The following provisions of this section apply in relation to times when the prisoner is subject to a warrant under any provision of this Part, or any corresponding provision of an Act of the Scottish Parliament, but is not in legal custody under the Prison Act 1952 (c. 52), the Prisons (Scotland) Act 1989 (c. 45) or the Prison Act (Northern Ireland) 1953 (c.18(N.I.)).
The prisoner shall be deemed to be in the legal custody of the relevant Minister at any time when, being— he is being taken to or from any place or is being kept in custody.
in the United Kingdom, or
on board a British ship, a British aircraft or a British hovercraft,
The relevant Minister may, from time to time, designate a person as a person who is for the time being authorised to take the prisoner to or from any place or to keep the prisoner in custody.
A person so authorised has all the powers, authority, protection and privileges—
of a constable in the part of the United Kingdom in which that person is for the time being, or
if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken.
If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant referred to in subsection (1). In this subsection “constable”, in relation to any part of the United Kingdom, means—
a person who is a constable in that or any other part of the United Kingdom, or
a person who, at the place in question, has under any enactment (including subsection (4)) the powers of a constable in that or any other part of the United Kingdom.
In this section “the relevant Minister” means—
in relation to a person who is, or is to be, detained in England and Wales or Northern Ireland, the Secretary of State, and
in relation to a person who is, or is to be, detained in Scotland, the Scottish Ministers.
Any reference in sections 42 to 47 to a person being detained in a part of the United Kingdom is to his being subject to a warrant authorising his detention there.
References to such a warrant include, unless the context otherwise requires, a warrant issued under an Act of the Scottish Parliament authorising his detention in Scotland.
The Secretary of State may make provision by regulations for the enforcement in England and Wales or Northern Ireland of—
fines or forfeitures ordered by the ICC, and
orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.
The regulations may authorise the Secretary of State—
to appoint a person to act on behalf of the ICC for the purposes of enforcing the order, and
to give such directions to the appointed person as appear to him necessary.
The regulations shall provide for the registration of the order by a court in England and Wales or Northern Ireland as a precondition of enforcement. An order shall not be so registered unless the court is satisfied that the order is in force and not subject to appeal. If the order has been partly complied with, the court shall register the order for enforcement only so far as it has not been complied with.
The regulations may provide that— as if the order were an order of a court in England and Wales or Northern Ireland. The regulations may for that purpose apply all or any of the provisions (including provisions of subordinate legislation) relating to the enforcement in England and Wales or Northern Ireland of orders of a court of a country or territory outside the United Kingdom.
for the purposes of enforcement an order so registered has the same force and effect,
the same powers are exercisable in relation to its enforcement, and
proceedings for its enforcement may be taken in the same way,
A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied—
that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court, and
that the exercise of the powers will not prejudice the rights of bona fide third parties.
The regulations may provide that the reasonable costs of and incidental to the registration and enforcement of an order are recoverable as if they were sums recoverable under the order.
Regulations under this section—
may make different provision for different kinds of order, and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
Where— the Secretary of State shall inform the court of the request. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the proceedings before a service court are still pending or in progress, the Secretary of State— Where the Secretary of State directs that proceedings before a service court shall be discontinued, the court shall— The discontinuance under this paragraph of proceedings before a service court in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.
Where— the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order. References in this paragraph to a court include references to a judge.
The judge may issue a search warrant under this Part of this Schedule in the following cases. The first case is where the judge is satisfied that a production or access order made in relation to material on the premises has not been complied with. The second case is where the judge is satisfied— Those reasons are— The third case is where the judge is satisfied— Those circumstances are—
“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982 (c. 16) (application of criminal law to aircraft), or one of Her Majesty’s aircraft;
Section 1(3)
Her Majesty may by Order in Council confer on the ICC the legal capacities of a body corporate. Her Majesty may by Order in Council provide that— shall have such privileges and immunities as, in the opinion of Her Majesty, are or will be required for giving effect to the ICC Statute or any related agreement to which the United Kingdom, or Her Majesty’s government in the United Kingdom, is or will be a party. In sub-paragraph (2)(e) “the Assembly” means the Assembly of States Parties to the ICC statute (and includes the subsidiary organs of that Assembly).
No recommendation shall be made to Her Majesty to make an Order in Council under paragraph 1, 2 or 3 unless a draft—
has been laid before Parliament and approved by a resolution of each House of Parliament, and
has been laid before, and approved by resolution of, the Scottish Parliament.
The appropriate Minister may by order make provision for securing that a holder of a United Kingdom judicial office who serves as a judge of the ICC is not worse off as regards pension benefits than if he had not been appointed to the ICC. The order may— An order making such provision as is mentioned in sub-paragraph (2)(a) may include such provision as the appropriate Minister considers is necessary to secure— Any such order may also make provision— Any such order— Any payments made in pursuance of such arrangements as are mentioned in sub-paragraph (2)(b) to, or in respect of, a holder of a United Kingdom judicial office shall be charged on, and paid out of, the Consolidated Fund. In this paragraph— An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions specified in this Schedule do not apply in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.
Section 24
Where— the Secretary of State shall inform the court of the request. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State— Where the Secretary of State directs that criminal proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall— The discontinuance under this paragraph of criminal proceedings in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.
A freezing order may be made by the High Court on an application in pursuance of a direction given by the Secretary of State under section 38. Any such application—
Where— the Secretary of State shall consult the ICC and the relevant International Tribunal. The Secretary of State shall inform the Scottish Ministers of the request and of the outcome of the consultations and they shall inform the court. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the other delivery proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order.
Where— the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State shall consult the ICC before giving directions for the execution of the order.
This paragraph applies where a court makes a delivery order in respect of a person in respect of whom an order (other than a sentence of imprisonment or detention) has been made in criminal proceedings before a national court. The court may make any order necessary to enable the delivery order to be executed, and may in particular suspend or revoke any such order as is mentioned in sub-paragraph (1).
“items subject to legal privilege” and “premises” have the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
Where— the Secretary of State shall inform the court of the request. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made. If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State— Where the Secretary of State directs that extradition proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall— The discontinuance under this paragraph of extradition proceedings in respect of an offence does not prevent the institution of fresh extradition proceedings in respect of the offence. References in this paragraph to a court include references to a judge.
Section 28(3).
In respect of an investigation under this Statute, a person:
Shall not be compelled to incriminate himself or herself or to confess guilt;
Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
To remain silent, without such silence being a consideration in the determination of guilt or innocence;
To have legal assistance of the person’s choosing, or, if the person 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 the person in any such case if the person does not have sufficient means to pay for it; and
To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
Section 34(1).
“crime against humanity” means a crime against humanity as defined in article 7, and
Where the Secretary of State receives a request from the ICC for assistance in obtaining evidence as to the identity of a person, he may nominate a court in England and Wales or Northern Ireland to supervise the taking of the person’s fingerprints or a non-intimate sample (or both). He shall not do so unless—
The necessary identification evidence may be taken— In sub-paragraph (1) “the appropriate consent” has the meaning given by section 65 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989. The court shall inform the person concerned of the effect of this paragraph.
This paragraph applies to— The fingerprints, samples or information may be used only for the purpose of an investigation into a relevant offence. In particular, a check may not be made against them under— except for the purpose of an investigation into a relevant offence. The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against— For the purposes of this paragraph a “relevant offence” means an ICC crime or an offence under Part 5 of this Act. Before fingerprints or a sample are taken from a person under this Schedule, he shall be informed that they may be used as mentioned in this paragraph.
An order under this Part of this Schedule may be made by a Circuit judge or, in Northern Ireland, a county court judge on an application made in pursuance of a direction by the Secretary of State under section 37(1) (investigation of proceeds of ICC crime). Any such application—
A production or access order may be made in relation to a person who the judge thinks is likely to have material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order. A production or access order may also be made in relation to material consisting of or including material which is expected to come into existence within that period. In that case it must specify a person within sub-paragraph (1). Where a production or access order is made by virtue of this paragraph— The modifications are— In this paragraph “specified” means specified in the order.
An order under this Part of this Schedule may be made in relation to material in the possession, custody or power of a government department. An order so made— In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947 (c. 44) or an authorised Northern Ireland department for the purposes of that Act as it applies to the Crown in right of Her Majesty’s Government in Northern Ireland.
Section 37
“ service court ” means— the Court Martial; the Service Civilian Court; the Court Martial Appeal Court; or the Supreme Court on an appeal brought from the Court Martial Appeal Court.
A search warrant may be issued under this Part of this Schedule by a Circuit Judge or, in Northern Ireland, a county court judge on an application made in pursuance of a direction by the Secretary of State under section 37(1) (investigation of proceeds of ICC crime).
The following provisions of the law of England and Wales do not apply— The following provisions of the law of Northern Ireland do not apply— any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—
In this Schedule—
Section 38
Where an order for the winding up of a company has been made under the Insolvency Act 1986 (c. 45), or a resolution has been passed by a company for voluntary winding up under that Act, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to— Where such an order has been made or such a resolution has been passed, the powers conferred on a receiver appointed under paragraph 5 shall not be exercised in relation to any property held by the company in relation to which the functions of the liquidator are exercisable— Nothing in the Insolvency Act 1986 shall be taken as restricting, or enabling the restriction of, the exercise of those powers. In this paragraph— In any case in which a winding up of a company commenced or is treated as having commenced before 29th December 1986 (the date on which the Insolvency Act 1986 (c. 45) came into operation), this paragraph shall have effect with the substitution for references to that Act of references to the Companies Act 1985 (c. 6).
For the purposes of this Schedule— For the purposes of this Schedule ICC proceedings are concluded—
The court may make a freezing order if it is satisfied— and that the property to which the order relates consists of or includes property that is or may be affected by such a forfeiture order.
that a forfeiture order has been made in proceedings before the ICC, or
that there are reasonable grounds for believing that a forfeiture order may be made in such proceedings,
The powers conferred by this paragraph may be exercised if a freezing order is in force. The High Court may at any time appoint a receiver— subject to such exceptions and conditions as may be specified by the court. The High Court may require any person having possession of property in respect of which a receiver is appointed under this paragraph to give possession of it to the receiver. The powers conferred on a receiver by this paragraph shall be exercised with a view to securing that the property specified in the order is available for satisfying the forfeiture order or, as the case may be, any forfeiture order that may be made in the ICC proceedings in relation to which the order was made. A receiver appointed under this paragraph shall not be liable to any person in respect of any loss or damage resulting from any action taken by him which he believed on reasonable grounds that he was entitled to take, except in so far as the loss or damage is caused by his negligence.
The ICC shall be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) (cautions) as a person interested in relation to any registered land to which a freezing order or an application for such an order relates. Upon being served with a copy of a freezing order or an application for such an order, the Registrar shall, in respect of any registered land to which the order or application relates, make an entry inhibiting any dealing with the land without the consent of the High Court. Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) apply to an entry made under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section. Where a freezing order has been protected by an entry registered under the Land Registration Act (Northern Ireland) 1970 or the Registration of Deeds Act (Northern Ireland) 1970 (c. 25 (N.I.)), an order under paragraph 4 discharging the freezing order may direct that the entry be vacated. In this paragraph—
Section 42
Section 50(6)
For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
Murder;
Extermination;
Enslavement;
Deportation or forcible transfer of population;
Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
Torture;
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
Enforced disappearance of persons;
The crime of apartheid;
Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
For the purpose of paragraph 1:
“Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
“Extermination” includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
“Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
“Deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
“Torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
“Forced pregnancy” means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law .;
“Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
“The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
“Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
For the purpose of this Statute, it is understood that the term “gender” refers to the two sexes, male and female, within the context of society. The term “gender” does not indicate any meaning different from the above.
For the purpose of this Statute, “war crimes” means:
Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
Wilful killing;
Torture or inhuman treatment, including biological experiments;
Wilfully causing great suffering, or serious injury to body or health;
Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
Unlawful deportation or transfer or unlawful confinement;
Taking of hostages.
Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
Making improper use of a flag of truce, or of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
Killing or wounding treacherously individuals belonging to the hostile nation or army;
Declaring that no quarter will be given;
Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;
Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;
Pillaging a town or place, even when taken by assault;
Employing poison or poisoned weapons;
Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; .......
Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
Committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in article 7, paragraph 2(f), enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placedhors de combat by sickness, wounds, detention or any other cause:
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
Taking of hostages;
The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised as indispensable.
Paragraph 2(c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
Pillaging a town or place, even when taken by assault;
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
Killing or wounding treacherously a combatant adversary;
Declaring that no quarter will be given;
Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.
Paragraph 2(e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
Amendments to the Elements of Crimes may be proposed by:
Any State Party;
The judges acting by an absolute majority;
The Prosecutor. Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
The Elements of Crimes and amendments thereto shall be consistent with this Statute.
Sections 54(7) and 61(7)
The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
Giving false testimony when under an obligation pursuant to article 69, paragraph 1 to tell the truth;
Presenting evidence that the party knows is false or forged;
Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
Retaliating against an official of the Court on account of duties performed by that or another official;
Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties. ....
Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals; .... NOTE: Article 69.1, referred to in article 70.1(a), provides as follows:.
Section 83 Short title and chapter Extent of repeal . . . . . . . . . . . . The Geneva Conventions Act 1957 (c. 52) In section 1— (a) in subsection (1) the words from “and on conviction on indictment” to the end; (b) subsections (3) to (5). In section 7(1), the definition of “court”. . . . . . . The Genocide Act 1969 (c. 12) The whole Act. The Geneva Conventions (Amendment) Act 1995 (c. 27) Section 1(4) and (5).
detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984,
In interpreting and applying the provisions of those articles the court shall take into account—
any relevant Elements of Crimes adopted in accordance with article 9, and
until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000.
The Secretary of State shall set out in regulations the text of the Elements of Crimes referred to in subsection (2), as amended from time to time. The regulations shall be made by statutory instrument which shall be laid before Parliament after being made.
The articles referred to in subsection (1) shall for the purposes of this Part be construed subject to and in accordance with any relevant reservation or declaration made by the United Kingdom when ratifying any treaty or agreement relevant to the interpretation of those articles. Her Majesty may by Order in Council—
certify that such a reservation or declaration has been made and the terms in which it was made;
if any such reservation or declaration is withdrawn (in whole or part), certify that fact and revoke or amend any Order in Council containing the terms of that reservation or declaration.
In interpreting and applying the provisions of the articles referred to in subsection (1) the court shall take into account any relevant judgment or decision of the ICC. Account may also be taken of any other relevant international jurisprudence.
The relevant provisions of the articles of the ICC Statute referred to this section are set out in Schedule 8 to this Act. No account shall be taken for the purposes of this Part of any provision of those articles omitted from the text set out in that Schedule.
It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime.
This section applies to acts committed—
in England or Wales, or
outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.
It is an offence against the law of England and Wales for a person to engage in conduct ancillary to an act to which this section applies.
This section applies to an act that if committed in England or Wales would constitute— but which, being committed (or intended to be committed) outside England and Wales, does not constitute such an offence.
an offence under section 51 (genocide, crime against humanity or war crime), or
an offence under this section,
The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in England or Wales.
This section applies where the conduct in question consists of or includes an act committed—
in England or Wales, or
outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.
The following provisions apply in relation to—
offences under section 51 (genocide, crimes against humanity and war crimes),
offences under section 52 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
offences ancillary to an offence within paragraph (a) or (b) above.
The offence is triable only on indictment.
Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.
If the offence is not committed in England or Wales— in any place in England or Wales.
proceedings may be taken, and
the offence may for incidental purposes be treated as having been committed,
A person convicted of— shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder. In this subsection “murder” means the killing of a person in such circumstances as would, if committed in England or Wales, constitute murder.
an offence involving murder, or
an offence ancillary to an offence involving murder,
In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.
Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).
A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in England and Wales.
In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC. Account may also be taken of any other relevant international jurisprudence.
The corresponding domestic offences are—
in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against section 1(1) of the Perjury Act 1911 (c. 6);
in relation to article 70.1(c) (interference with witness or evidence), an offence against section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) , an offence under the Bribery Act 2010 or (as the case may be) an offence at common law;
in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law or (as the case may be) under the Bribery Act 2010.
This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
in England or Wales, or
outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.
Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General.
If an offence under this section, or an offence ancillary to such an offence, is not committed in England or Wales— in any place in England or Wales.
proceedings may be taken, and
the offence may for incidental purposes be treated as having been committed,
The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.
References in this Part to an ancillary offence under the law of England and Wales are to—
aiding, abetting, counselling or procuring the commission of an offence,
inciting a person to commit an offence,
attempting or conspiring to commit an offence, or
assisting an offender or concealing the commission of an offence.
In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (1)(c)—
the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and
the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).
In subsection (1)(d)—
the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and
the reference to concealing an offence is to conduct that in relation to a relevant offence would amount to an offence under section 5(1) of that Act.
In determining whether an offence under this Part has been committed the court shall apply the principles of the law of England and Wales.
Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—
the extra-territorial application of offences (including offences under this Part), or
offences ancillary to offences under this Part (wherever committed).
The enactments specified below (which make provision for the protection of victims and witnesses of certain offences) have effect—
as if any reference in those provisions to a specific substantive offence included an offence under section 51 involving conduct constituting that offence; and
as if any reference in those provisions to a specific ancillary offence included—
that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, and
an offence under section 52 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.
The enactments are— the Sexual Offences (Amendment) Act 1976 (c. 82) and the Sexual Offences (Amendment) Act 1992 (c.34) (protection of victims of sexual offences); Chapters 1 to 3 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (protection of witnesses and complainants); and the Sexual Offences (Protected Material) Act 1997 (c. 39) (restrictions on access by defendants and others to material disclosed in connection with proceedings for offences).
In subsection (1) above—
“substantive offence” means an offence other than an ancillary offence; and
the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in England and Wales.
It is an offence against the law of Northern Ireland for a person to commit genocide, a crime against humanity or a war crime.
This section applies to acts committed—
in Northern Ireland, or
outside the United Kingdom by a United Kingdom national or a United Kingdom resident.
It is an offence against the law of Northern Ireland for a person to engage in conduct ancillary to an act to which this section applies.
This section applies to an act that if committed in Northern Ireland would constitute— but which, being committed (or intended to be committed) outside Northern Ireland, does not constitute such an offence.
an offence under section 58 (genocide, crime against humanity or war crime), or
an offence under this section,
The reference in subsection (1) to conduct ancillary to such an act is to conduct that would constitute an ancillary offence in relation to that act if the act were committed in Northern Ireland.
This section applies where the conduct in question consists of or includes an act committed—
in Northern Ireland, or
outside the United Kingdom by a United Kingdom national or a United Kingdom resident.
The following provisions apply in relation to—
offences under section 58 (genocide, crimes against humanity and war crimes),
offences under section 59 (conduct ancillary to genocide, etc. committed outside jurisdiction), and
offences ancillary to an offence within paragraph (a) or (b) above.
The offence is triable only on indictment.
Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.
If the offence is not committed in Northern Ireland— in any place in Northern Ireland.
proceedings may be taken, and
the offence may for incidental purposes be treated as having been committed,
A person convicted of— shall be dealt with as for an offence of murder or, as the case may be, the corresponding ancillary offence in relation to murder. In this subsection “murder” means the killing of a person in such circumstances as would, if committed in Northern Ireland, constitute murder.
an offence involving murder, or
an offence ancillary to an offence involving murder,
In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.
Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).
A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in Northern Ireland.
In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC. Account may also be taken of any other relevant international jurisprudence.
The corresponding domestic offences are—
in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against Article 3(1) of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) ;
in relation to article 70.1(b) to (f) (other offences), an offence at common law or (as the case may be) under the Bribery Act 2010.
This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
in Northern Ireland, or
outside the United Kingdom by a United Kingdom national or a United Kingdom resident.
Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.
If an offence under this section, or an offence ancillary to such an offence, is not committed in Northern Ireland— in any place in Northern Ireland.
proceedings may be taken, and
the offence may for incidental purposes be treated as having been committed,
The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.
References in this Part to an ancillary offence under the law of Northern Ireland are to—
aiding, abetting, counselling or procuring the commission of an offence,
inciting a person to commit an offence,
attempting or conspiring to commit an offence, or
assisting an offender or concealing the commission of an offence.
In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).
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In subsection (1)(c)—
the reference to an attempt is to conduct amounting to an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) ; and
the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.
In subsection (1)(d)—
the reference to assisting an offender is to conduct that in relation to a relevant offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and
the reference to concealing an offence is to conduct that in relation to a relevant offence would amount to an offence under section 5(1) of that Act.
In determining whether an offence under this Part has been committed the court shall apply the principles of the law of Northern Ireland.
Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—
the extra-territorial application of offences (including offences under this Part), or
offences ancillary to offences under this Part (wherever committed).
The enactments specified below (which make provision for the protection of victims and witnesses of certain offences) have effect—
as if any reference in those provisions to a specific substantive offence included an offence under section 58 involving conduct constituting that offence; and
as if any reference in those provisions to a specific ancillary offence included—
that ancillary offence in relation to an offence under section 58 involving conduct constituting the substantive offence in question, and
an offence under section 59 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.
The enactments are— the Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I. 15)) and the Sexual Offences (Amendment) Act 1992 (c. 34) (protection of victims of sexual offences); and Parts 1 to 4 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (protection of witnesses and complainants). Until the commencement of the amendments to the Sexual Offences (Amendment) Act 1992 (c. 34) made by Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, the reference above to the 1992 Act shall be read as a reference to Part 3 of the Criminal Justice (Northern Ireland) Order 1994.
In subsection (1) above—
“substantive offence” means an offence other than an ancillary offence; and
the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in Northern Ireland.
This section applies in relation to—
offences under this Part, and
offences ancillary to such offences.
A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where—
he either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences, and
he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where—
he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences,
the offences concerned activities that were within his effective responsibility and control, and
he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
A person responsible under this section for an offence is regarded as aiding, abetting, counselling or procuring the commission of the offence.
In interpreting and applying the provisions of this section (which corresponds to article 28) the court shall take into account any relevant judgment or decision of the ICC. Account may also be taken of any other relevant international jurisprudence.
Nothing in this section shall be read as restricting or excluding—
any liability of the commander or superior apart from this section, or
the liability of persons other than the commander or superior.
Sections 51 and 58 apply to acts committed on or after 1 January 1991.
But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.
Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.
Section 59 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of Northern Ireland but for this section.
Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—
applies to conduct in which a person engaged on or after 1 January 1991, and
applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.
But sections 52 and 59, and any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence, do not apply to— unless, at the time the person engaged in the conduct, it amounted in the circumstances to a criminal offence under international law.
conduct in which the person engaged before 1 September 2001, or
conduct in which the person engaged on or after that date which was ancillary to an act or conduct which—
was committed or engaged in before that date, and
would not constitute a relevant Part 5 offence, or fall within section 52(2) or 59(2), but for this section,
Section 65, so far as it has effect in relation to relevant Part 5 offences—
applies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, and
applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.
But section 65, so far as it has effect in relation to relevant Part 5 offences, does not apply to a failure to exercise control of the kind mentioned in section 65(2) or (3) which occurred before 1 September 2001 unless, at the time the failure occurred, it amounted in the circumstances to a criminal offence under international law.
In this section “ relevant Part 5 offence ” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.
References in this Part to a person committing— shall be construed in accordance with this section.
genocide,
a crime against humanity,
a war crime, or
any of the acts mentioned in article 70.1 (offences against the admninistration of justice in relation to the ICC),
Unless otherwise provided by— a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.
the articles mentioned in the definition in section 50(1) of the crimes specified in subsection (1)(a) to (c) above, or any relevant Elements of Crimes (see section 50(2)),
section 54(1) or 61(1) or article 70.1 (offences in relation to the ICC), or
section 65 (responsibility of commanders and other superiors),
For this purpose—
a person has intent—
in relation to conduct, where he means to engage in the conduct, and
in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events; and
“knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.
In interpreting and applying the provisions of this section (which corresponds to article 30) the court shall take into account any relevant judgment or decision of the ICC. Account may also be taken of any other relevant international jurisprudence.
In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”.
In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967.
In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”.
In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967.
In this section—
In this Part a “United Kingdom national” means an individual who is—
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas Citizen,
a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
a British protected person within the meaning of that Act.
In this Part a “United Kingdom resident” means a person who is resident in the United Kingdom.
In this Part a “person subject to UK service jurisdiction” means— a person subject to service law, or a civilian subject to service discipline, within the meaning of the Armed Forces Act 2006.
a person subject to military law, air force law or the Naval Discipline Act 1957 (c. 53);
any such person as is mentioned in section 208A or 209(1) or (2) of the Army Act 1955 (c. 18) or the Air Force Act 1955 (c. 19) (application of Act to passengers in HM ships and aircraft and to certain civilians); or
any such person as is mentioned in section 117 or 118 of the Naval Discipline Act 1957 (application of Act to passengers in HM ships and to certain civilians).
This section applies in relation to a person who commits acts outside the United Kingdom at a time when he is not a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction and who subsequently becomes resident in the United Kingdom.
Proceedings may be brought against such a person in England and Wales or Northern Ireland for a substantive offence under this Part if—
he is resident in the United Kingdom at the time the proceedings are brought, and
the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in that part of the United Kingdom.
Proceedings may be brought against such a person in England and Wales or Northern Ireland for an offence ancillary to a substantive offence under this Part (or what would be such a substantive offence if committed in that part of the United Kingdom) if—
he is resident in the United Kingdom at the time the proceedings are brought, and
the acts in respect of which the proceedings are brought would have constituted that offence if they had been committed in that part of the United Kingdom.
In this section a “substantive offence” means an offence other than an ancillary offence.
Nothing in this section shall be read as restricting the operation of any other provision of this Part.
In this Part “act”, except where the context otherwise requires, includes an omission, and references to conduct have a corresponding meaning.
To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom—
an individual who has indefinite leave to remain in the United Kingdom;
any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom;
an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom;
an individual who has made an asylum claim, or a human rights claim, which has been granted;
any other individual who has made an asylum claim or human rights claim (whether or not the claim has been determined) and who is in the United Kingdom;
an individual named in an application for indefinite leave to remain, an asylum claim or a human rights claim as a dependant of the individual making the application or claim if—
the application or claim has been granted, or
the named individual is in the United Kingdom (whether or not the application or claim has been determined);
an individual who would be liable to removal or deportation from the United Kingdom but cannot be removed or deported because of section 6 of the Human Rights Act 1998 or for practical reasons;
an individual—
against whom a decision to make a deportation order under section 5(1) of the Immigration Act 1971 by virtue of section 3(5)(a) of that Act (deportation conducive to the public good) has been made,
who has appealed against the decision to make the order (whether or not the appeal has been determined), and
who is in the United Kingdom;
an individual who is an illegal entrant within the meaning of section 33(1) of the Immigration Act 1971 or who is liable to removal under section 10 of the Immigration and Asylum Act 1999;
an individual who is detained in lawful custody in the United Kingdom.
When determining for the purposes of this Part whether any other individual is resident in the United Kingdom regard is to be had to all relevant considerations including—
the periods during which the individual has been or intends to be in the United Kingdom,
the purposes for which the individual is, has been or intends to be in the United Kingdom,
whether the individual has family or other connections to the United Kingdom and the nature of those connections, and
whether the individual has an interest in residential property located in the United Kingdom.
In this section— and a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.
This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).
In section 1 of the Geneva Conventions Act 1957 (c. 52) (punishment of grave breaches of the conventions)—
in subsection (1), omit the words from “and on conviction on indictment” to the end; and
omit subsections (3) to (5).
After that section insert—.
The above amendments do not apply in relation to offences committed before the commencement of this section.
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This section applies in relation to extradition under Schedule 1 to the Extradition Act 1989 (c. 33) (extradition where an Order in Council under section 2 of the Extradition Act 1870 (c. 52) is in force in relation to the foreign state).
The offences to which such an Order in Council can apply include any Part 5 offence.
“Part 5 offence” means—
an offence under section 51 or 58 (genocide, crimes against humanity and war crimes),
an offence under section 52 or 59 (conduct ancillary to genocide etc. committed outside the jurisdiction), or
an ancillary offence in relation to any such offence.
For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes— shall be deemed to be an offence committed within the jurisdiction of that state.
a Part 5 offence, and
an offence against the law of any state in relation to which that Schedule has effect,
If any conduct would constitute a Part 5 offence if committed in the United Kingdom then, notwithstanding that it does not constitute such an offence—
a person whose surrender is sought in respect of that conduct may be surrendered by the United Kingdom in pursuance of an Order in Council to which subsection (2) applies, and
subsection (4) applies to the conduct as if it constituted a Part 5 offence.
References in this section to an offence under any provision of this Part, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.
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Section 2 of the Extradition Act 1989 (meaning of “extradition crime”) is amended as follows.
In subsection (1)(b) (extra-territorial offences), after sub-paragraph (ii) add—, or.
After subsection (3) insert—.
After subsection (4) add—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 23 of the Extradition Act 1989 (c. 33) (genocide, etc.) substitute—.
In the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), after section 6C insert—.
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In section 70(3) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70(3) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and section 42(1)(b) of the Naval Discipline Act 1957 (c. 53) (sentence on conviction by court-martial of offence where corresponding civil offence is murder), after “murder” insert “, or an offence for which a person convicted by a civil court is to be dealt with as for an offence of murder,”.
In section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and section 48(2) of the Naval Discipline Act 1957 (c. 53) (civil offences not triable by court-martial if committed in the United Kingdom)—
after “rape” insert “or an offence under section 1 of the Geneva Conventions Act 1957”; and
after “the Nuclear Explosions (Prohibition and Inspections) Act 1998” insert “or an offence under section 51 or 52 of the International Criminal Court Act 2001”.
In section 70(5) of the Army Act 1955, section 70(5) of the Air Force Act 1955 and section 48(2) of the Naval Discipline Act 1957 (where offences involving killing are taken to have been committed), after “or manslaughter” insert “, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,”.
In this Act—
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
Her Majesty may by Order in Council make such provision as appears to Her Majesty to be necessary or expedient to enable sittings of the ICC to be held in the United Kingdom. Provision may in particular be made with respect to the detention of persons in the custody of the ICC.
An order, judgment, warrant or request of the ICC which purports— shall, for the purposes of this Act, be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person. A document, duly authenticated, which purports to be a copy of an order, judgment, warrant or request of the ICC shall, for the purposes of this Act, be deemed without further proof to be a true copy. For this purpose a document is duly authenticated if it purports to be certified by any person in his capacity as a judge or officer of the ICC.
In this Part of this Schedule “extradition proceedings” means proceedings before a court or judge in the United Kingdom under the Extradition Act 2003.
the Extradition Act 1989 (c. 33), or
the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45).
“the ICC” means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;
a District Judge (Magistrates’ Courts) designated for the purposes of this Act by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor , or
Where a person is adjudged bankrupt in Northern Ireland— is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)). Where a person has been adjudged bankrupt in Northern Ireland, the powers conferred on a receiver appointed under paragraph 5 above shall not be exercised in relation to— Nothing in that Order shall be taken as restricting, or enabling the restriction of, the exercise of those powers. Where, in the case of a debtor, an interim receiver stands appointed under Article 259 of that Order and any property of the debtor is subject to a freezing order, the powers conferred on the receiver by virtue of that Order do not apply to property for the time being subject to the freezing order. In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 1st October 1991 (the date on which the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) came into force), this paragraph shall have effect with the following modifications—
This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a freezing order and— The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence. The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale— Sub-paragraphs (1) to (3) are without prejudice to the generality of any provision contained in the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989. In this paragraph “insolvency practitioner”, in any part of the United Kingdom, means a person acting as an insolvency practitioner in that or any other part of the United Kingdom. For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in England and Wales or in Scotland shall be determined in accordance with section 388 of the Insolvency Act 1986, except that— For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989, except that—
A freezing order may be varied or discharged in relation to any property on the application of any person affected by the order. A freezing order shall be discharged on the conclusion of the ICC proceedings in relation to which the order was made.
The Land Charges Act 1972 (c. 61) and the Land Registration Act 2002 apply— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“constable” includes a person commissioned by the Commissioners of Customs and Excise; and
Where— the Secretary of State shall consult the ICC and the relevant International Tribunal. The Secretary of State shall inform the court of the request and of the outcome of the consultations. The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made under this Part of this Act. If a delivery order is made under this Part of this Act and the other delivery proceedings are still pending or in progress, the Secretary of State— Where the Secretary of State directs that the other delivery proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall— The discontinuance under this paragraph of other delivery proceedings in respect of an offence does not prevent the institution of fresh proceedings for a delivery order in respect of the offence.
“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c .59), or one of Her Majesty’s hovercraft; and
The judge may order a specified person who appears to have in his possession, custody or power specified material, or material of a specified description, to which the application relates, either— The specified period shall be seven days beginning with the date of the order unless it appears to the judge making the order that a longer or shorter period would be appropriate in the particular circumstances of the application. Where the judge makes an access order in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material. In this paragraph “specified” means specified in the order. Where a production or access order is made by virtue of paragraph 4 (special orders), the provisions of this paragraph have effect subject to the modifications specified in that paragraph.
The following provisions have effect with respect to the effect of an order under this Part of this Schedule. Where the material to which the order relates consists of information contained in a computer— An order under this Part of this Schedule does not confer any right to production of, or access to, items subject to legal privilege. Subject to sub-paragraph (3), the order has effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise. For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (access to, and copying and retention of, seized material) material produced in pursuance of an order under this Part of this Schedule shall be treated as if it were material seized by a constable.
In this Act—
“national court” means a court in the United Kingdom or a service court; and
A search warrant issued under this Part of this Schedule authorises any constable— The warrant does not confer any right to seize material that consists of or includes items subject to legal privilege.
References in subsection (1) to Her Majesty’s aircraft, hovercraft or ships are to the aircraft, hovercraft or, as the case may be, ships which belong to, or are exclusively employed in the service of, Her Majesty in right of the government of the United Kingdom.
Section 23 (provisions as to state or diplomatic immunity) applies in relation to proceedings under— as it applies in relation to proceedings under Part 2 of this Act, with the following adaptations.
the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or
the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),
The adaptations are—
in subsection (1) omit the words “by reason of a connection with a state party to the ICC Statute”;
omit subsections (2), (3) and (5);
in subsection (4)—
for the reference to the ICC substitute a reference to the relevant International Tribunal, and
omit the words “or (2)”.
The provisions of sections 42 to 48 (enforcement of sentences of imprisonment) apply, with any necessary modifications, in relation to a sentence of imprisonment imposed by either of the International Tribunals to which the Orders mentioned in subsection (1) above apply as they apply in relation to a sentence of the ICC.
The power conferred by section 1 of the United Nations Act 1946 (c. 45) (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any other tribunal of a similar character that may be established by resolution of the Security Council of the United Nations provision corresponding to that made in relation to the ICC by the provisions of this Act mentioned in subsection (1) or (3) above.
Her Majesty may by Order in Council make in relation to the Special Court for Sierra Leone provision—
having effect in England and Wales, and
corresponding to that made in relation to the ICC by sections 42 to 48 (enforcement of sentences of imprisonment), with any necessary modifications.
An Order in Council made under this section must be laid before Parliament after it is made.
This Act binds the Crown and applies to persons in the public service of the Crown, and property held for the purposes of the public service of the Crown, as it applies to other persons and property.
The following provisions of this Act do not extend to Scotland—
Part 3 (other forms of assistance), except section 32 (transfer of prisoner to give evidence or assist in investigation) and section 39 (production or disclosure prejudicial to national security);
section 49 (power to make provision for enforcement of orders other than sentences of imprisonment);
Part 5 (offences under domestic law), except— section 50(3) (regulations setting out Elements of Crimes), section 50(4) (Orders in Council specifying relevant reservations or declarations), section 70 (offences under section 1 of the Geneva Conventions Act 1957 (c. 52)), and sections 71 to 73 (extradition);
the repeal by Schedule 10 of the provisions of the Genocide Act 1969 (c. 12) creating the offence of genocide.
This Act extends to Northern Ireland.
Her Majesty may by Order in Council make provision for extending the provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.
Section 77 of this Act (application of provisions to other International Tribunals) has the same extent as section 1 of the United Nations Act 1946 (c. 45).
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The Secretary of State may by regulations make such modifications or adaptations of this Act as appear to him appropriate for co-ordinating the provisions of this Act and any corresponding provisions of an Act of the Scottish Parliament.
The regulations may, in particular, make provision—
for the transmission to and from Scottish Ministers of communications from and to the ICC, and
for warrants, orders and other things done under the Scottish provisions to have effect in England and Wales or Northern Ireland as if done under the corresponding provisions of this Act.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act the expressions listed below are defined or otherwise explained by the provisions indicated— act and conduct (in Part 5) section 69 ancillary offence (in Part 5) —in England and Wales section 55 —in Northern Ireland section 62 appropriate judicial officer (in Part 2) section 26 article section 1(2) British aircraft, British hovercraft and British ship section 76 competent court (in Part 2) section 26 crime against humanity (in Part 5) section 50(1) delivery order (in Part 2) section 5(3) detained (in sections 42 to 47) section 48(1) genocide (in Part 5) section 50(1) the ICC section 1(1) ICC crime section 1(1) the ICC Statute section 1(1) national court section 75 person subject to UK service jurisdiction (in Part 5) section 67(3) the prisoner (in Part 4) section 42(1) provisional warrant (in Part 2) section 3(5) remand (in Part 2) section 16 section 2 warrant (in Part 2) section 2(5) service court section 75 United Kingdom national (in Part 5) section 67(1) United Kingdom resident (in Part 5) section 67(2) war crime (in Part 5) section 50(1)
The provisions of this Act come into force on such day as the Secretary of State may by order appoint.
Any such order shall be made by statutory instrument and may appoint different days for different provisions and purposes.
The enactments mentioned in Schedule 10 are repealed to the extent specified.
This Act may be cited as the International Criminal Court Act 2001.