International Criminal Court Act 2001 (c. 17)

(The document as of February, 2008)

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(b) make the necessary arrangements with the ICC or, as the case may be, the other state, and

(c) 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.

(4) 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.

(5) In this section "the relevant Minister" means--

(a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and

(b) in relation to a person detained in Scotland, the Scottish Ministers.

44 Transfer to another part of the United Kingdom: transfer of ICC sentence

(1) 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.

(2) No such order shall be made--

(a) for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or

(b) for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.

(3) An order under this section shall be subject to such conditions (if any) as the relevant Minister may impose from time to time.

(4) 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--

(a) shall continue to have effect, and

(b) shall have effect as if it were a warrant authorising his detention in the part of the United Kingdom to which he is transferred.

(5) 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.

(6) In this section "the relevant Minister" means--

(a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and

(b) in relation to a person detained in Scotland, the Scottish Ministers.

45 Transfer to another part of the United Kingdom: transfer for temporary purposes

(1) This section applies where it appears to the relevant Minister--

(a) that the prisoner should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, or

(b) 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.

(2) The relevant Minister may make an order for the transfer of the prisoner to that part of the United Kingdom.

(3) No such order shall be made--

(a) for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or

(b) for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.

(4) 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.

(5) Where an order is made under this section--

(a) 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

(b) he shall be returned to that part of the United Kingdom when the purposes for which the order is made are fulfilled.

(6) In this section "the relevant Minister" means--

(a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and

(b) in relation to a person detained in Scotland, the Scottish Ministers.

46 Domestic sentence current at end of term of ICC sentence

(1) Where a person who completes a term of imprisonment imposed by the ICC--

(a) 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

(b) has been transferred to another part of the United Kingdom under section 44 or 45,

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.

(2) In subsection (1)--

(a) a "domestic sentence" means a sentence imposed by a court in the United Kingdom, and

(b) "the relevant Minister" means--

(i) where the domestic sentence was imposed in England and Wales or Northern Ireland, the Secretary of State, and

(ii) where the domestic sentence was imposed in Scotland, the Scottish Ministers.

47 Custody of prisoner in transit, &c

(1) 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.)).

(2) The prisoner shall be deemed to be in the legal custody of the relevant Minister at any time when, being--

(a) in the United Kingdom, or

(b) on board a British ship, a British aircraft or a British hovercraft,

he is being taken to or from any place or is being kept in custody.

(3) 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.

(4) A person so authorised has all the powers, authority, protection and privileges--

(a) of a constable in the part of the United Kingdom in which that person is for the time being, or

(b) 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.

(5) 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) a person who is a constable in that or any other part of the United Kingdom, or

(b) 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.

(6) In this section "the relevant Minister" means--

(a) in relation to a person who is, or is to be, detained in England and Wales or Northern Ireland, the Secretary of State, and

(b) in relation to a person who is, or is to be, detained in Scotland, the Scottish Ministers.

48 Interpretation of ss. 42 to 47

(1) 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.

(2) 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.

Other orders

49 Power to make provision for enforcement of other orders

(1) The Secretary of State may make provision by regulations for the enforcement in England and Wales or Northern Ireland of--

(a) fines or forfeitures ordered by the ICC, and

(b) orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.

(2) The regulations may authorise the Secretary of State--

(a) to appoint a person to act on behalf of the ICC for the purposes of enforcing the order, and

(b) to give such directions to the appointed person as appear to him necessary.

(3) 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.

(4) The regulations may provide that--

(a) for the purposes of enforcement an order so registered has the same force and effect,

(b) the same powers are exercisable in relation to its enforcement, and

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.

(5) A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied--

(a) that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court, and

(b) that the exercise of the powers will not prejudice the rights of bona fide third parties.

(6) 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.

(7) Regulations under this section--

(a) may make different provision for different kinds of order, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 5 Offences under domestic law

Introduction

50 Meaning of "genocide", "crime against humanity" and "war crime"

(1) In this Part--

"genocide" means an act of genocide as defined in article 6,
"crime against humanity" means a crime against humanity as defined in article 7, and
"war crime" means a war crime as defined in article 8.2.

(2) In interpreting and applying the provisions of those articles the court shall take into account--

(a) any relevant Elements of Crimes adopted in accordance with article 9, and

(b) 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.

(3) 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.

(4) 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--

(a) certify that such a reservation or declaration has been made and the terms in which it was made;

(b) 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.

(5) 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.

(6) 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.

England and Wales

51 Genocide, crimes against humanity and war crimes

(1) 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.

(2) This section applies to acts committed--

(a) in England or Wales, or

(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

52 Conduct ancillary to genocide, etc. committed outside jurisdiction

(1) 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.

(2) This section applies to an act that if committed in England or Wales would constitute--

(a) an offence under section 51 (genocide, crime against humanity or war crime), or

(b) an offence under this section,

but which, being committed (or intended to be committed) outside England and Wales, does not constitute such an offence.

(3) 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.

(4) This section applies where the conduct in question consists of or includes an act committed--

(a) in England or Wales, or

(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

53 Trial and punishment of main offences

(1) The following provisions apply in relation to--

(a) offences under section 51 (genocide, crimes against humanity and war crimes),

(b) offences under section 52 (conduct ancillary to genocide, etc. committed outside jurisdiction), and

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.

(4) If the offence is not committed in England or Wales--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in England or Wales.

(5) A person convicted of--

(a) an offence involving murder, or

(b) an offence ancillary to an offence involving murder,

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.

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

54 Offences in relation to the ICC

(1) 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.

(2) 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.

(3) The corresponding domestic offences are--

(a) 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);

(b) 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) or at common law;

(4) 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--

(a) in England or Wales, or

(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

(5) 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.

(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in England or Wales--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in England or Wales.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

55 Meaning of "ancillary offence"

(1) References in this Part to an ancillary offence under the law of England and Wales are to--

(a) aiding, abetting, counselling or procuring the commission of an offence,

(b) inciting a person to commit an offence,

(d) assisting an offender or concealing the commission of an offence.

(2) 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).

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement at common law.

(4) In subsection (1)(c)--

(a) the reference to an attempt is to conduct amounting to an offence under section 1 of the Criminal Attempts Act 1981 (c. 47); and

(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under section 1 of the Criminal Law Act 1977 (c. 45).

(5) In subsection (1)(d)--

(a) the reference to assisting an offender is to conduct that in relation to an arrestable offence would amount to an offence under section 4(1) of the Criminal Law Act 1967 (c. 58); and

(b) the reference to concealing an offence is to conduct that in relation to an arrestable offence would amount to an offence under section 5(1) of that Act.

56 Saving for general principles of liability, etc

(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of England and Wales.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to--

(a) the extra-territorial application of offences (including offences under this Part), or

(b) offences ancillary to offences under this Part (wherever committed).

57 Protection of victims and witnesses

(1) The enactments specified below (which make provision for the protection of victims and witnesses of certain offences) have effect--

(a) as if any reference in those provisions to a specific substantive offence included an offence under section 51 involving conduct constituting that offence; and

(b) as if any reference in those provisions to a specific ancillary offence included--

(i) that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, and

(ii) 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.

(2) 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).

(3) In subsection (1) above--

(a) "substantive offence" means an offence other than an ancillary offence; and

(b) the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in England and Wales.

Northern Ireland

58 Genocide, crimes against humanity and war crimes

(1) It is an offence against the law of Northern Ireland for a person to commit genocide, a crime against humanity or a war crime.

(2) This section applies to acts committed--

(a) in Northern Ireland, or

(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.

59 Conduct ancillary to genocide, etc. committed outside jurisdiction

(1) 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.

(2) This section applies to an act that if committed in Northern Ireland would constitute--

(a) an offence under section 58 (genocide, crime against humanity or war crime), or

(b) an offence under this section,

but which, being committed (or intended to be committed) outside Northern Ireland, does not constitute such an offence.

(3) 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.

(4) This section applies where the conduct in question consists of or includes an act committed--

(a) in Northern Ireland, or

(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.

60 Trial and punishment of main offences

(1) The following provisions apply in relation to--

(a) offences under section 58 (genocide, crimes against humanity and war crimes),

(b) offences under section 59 (conduct ancillary to genocide, etc. committed outside jurisdiction), and

(2) The offence is triable only on indictment.

(3) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.

(4) If the offence is not committed in Northern Ireland--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in Northern Ireland.

(5) A person convicted of--

(a) an offence involving murder, or

(b) an offence ancillary to an offence involving murder,

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.

(6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

61 Offences in relation to the ICC

(2) 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.

(3) The corresponding domestic offences are--

(a) 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)) ;

(b) in relation to article 70.1(b) to (f) (other offences), an offence at common law.

(4) 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--

(a) in Northern Ireland, or

(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.

(5) 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.

(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in Northern Ireland--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in Northern Ireland.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

62 Meaning of "ancillary offence"

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to--

(a) aiding, abetting, counselling or procuring the commission of an offence,

(b) inciting a person to commit an offence,

(d) assisting an offender or concealing the commission of an offence.

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement at common law.

(4) In subsection (1)(c)--

(a) 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

(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

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