International Criminal Court Act 2001 (c. 17)

(The document as of February, 2008)

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(b) to be signed by a person in his capacity as a judge or officer of the ICC,

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.

(2) 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.

Evidence about ICC proceedings and orders

6 (1) For the purposes of this Act a certificate purporting to be issued by or on behalf of the ICC stating--

(a) that an investigation has been initiated by the Court, or that proceedings before the Court have been instituted and have not been concluded,

(b) that an order of the Court is in force and is not subject to appeal,

(d) that any person has been notified of any proceedings in accordance with the ICC Statute,

is admissible in proceedings under this Act as evidence of the facts stated.

(2) 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.

(3) Nothing in this paragraph affects the admission of any evidence, whether contained in a document or otherwise, which is admissible apart from this paragraph.

Pension provision for UK judges of ICC

7 (1) 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.

(2) The order may--

(a) entitle an ICC judge who was, immediately before his appointment as an ICC judge, a member of a judicial pension scheme to remain as a member of that scheme, or

(b) authorise the making of such other arrangements as appear to the Minister to be appropriate.

(3) 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--

(a) that the terms on which an ICC judge remains a member of a judicial pension scheme are those which would have been applicable had he not been appointed as an ICC judge, and

(b) that entitlement to benefits payable in accordance with the scheme continues to be determined as if, while serving as an ICC judge, his salary was that which would (but for section 68(3)(a) of the Access to Justice Act 1999 (c. 22)) have been payable to him in respect of his continuing service as the holder of his United Kingdom judicial office.

(4) Any such order may also make provision--

(a) for any contributions payable by a person who remains a member of a judicial pension scheme as a result of the order, and which would otherwise be payable by deduction from his salary, to be made otherwise than by deduction from his salary as an ICC judge, and

(b) for such contributions to be collected in such manner as may be determined by the administrators of the scheme.

(5) Any such order--

(a) shall have effect notwithstanding section 68(3)(b) of the Access to Justice Act 1999, and

(b) may amend any provision of, or made under, any of the judicial pensions Acts in such manner and to such extent as the appropriate Minister considers necessary or expedient to ensure the proper administration of any scheme to which it relates.

(6) 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.

(7) In this paragraph--

"the appropriate Minister" means--
(a)
in relation to a judicial office whose jurisdiction is exercisable exclusively in Scotland, the Secretary of State, and
(b)
otherwise, the Lord Chancellor;
"the judicial pensions Acts" means--
(a)
the County Courts Act (Northern Ireland) 1959 (c. 25) (N.I.),
(b)
the Sheriffs' Pensions (Scotland) Act 1961 (c. 42),
(c)
the Judicial Pensions Act 1981 (c. 20), and
(d)
the Judicial Pensions and Retirement Act 1993 (c. 8);
"judicial pension scheme" means a scheme established by and in accordance with any of those Acts; and
"United Kingdom judicial office" means the office of--
(a)
Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
(b)
judge of the Court of Session or sheriff, in Scotland, or
(c)
Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland.

(8) 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.

Section 24

SCHEDULE 2 Delivery up of persons subject to criminal proceedings, &c.

Part 1 Criminal proceedings

Meaning of "criminal proceedings"

1 In this Part of this Schedule "criminal proceedings" means proceedings before a national court--

(a) for dealing with an individual accused of an offence,

(b) for dealing with an individual convicted of an offence, or

Criminal proceedings in England and Wales or Northern Ireland

2 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) criminal proceedings against that person are pending or in progress before a court in England and Wales or Northern Ireland,

the Secretary of State shall inform the court of the request.

(2) 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.

(3) If a delivery order is made and the criminal proceedings are still pending or in progress, the Secretary of State--

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the criminal proceedings shall be discontinued.

(4) Where the Secretary of State directs that criminal proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall--

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) 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.

Criminal proceedings in Scotland

3 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) criminal proceedings against that person are pending or in progress before a court in Scotland,

the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.

(3) 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.

Proceedings before service court

4 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) proceedings against that person are pending or in progress before a service court,

the Secretary of State shall inform the court of the request.

(3) If a delivery order is made and the proceedings before a service court are still pending or in progress, the Secretary of State--

(a) shall consult the ICC before giving directions for the execution of the delivery order, and

(b) may direct that the proceedings before the service court shall be discontinued.

(4) Where the Secretary of State directs that proceedings before a service court shall be discontinued, the court shall--

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) 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.

Effect on custodial sentences

5 (1) Where in pursuance of Part 2 of this Act a person who is a prisoner is delivered up--

(a) into the custody of the ICC, or

(b) into the custody of a state where he is to undergo imprisonment under a sentence of the ICC,

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.

(2) 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.

(3) 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--

(a) in accordance with arrangements made by the Secretary of State with the ICC, or

(b) in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of the ICC, in accordance with arrangements made by the Secretary of State with the state where that place is situated,

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.

(4) In the application of sub-paragraph (3) where the prisoner is liable to be detained in Scotland--

(a) the reference to the custody of the Secretary of State shall be read as a reference to the custody of the Scottish Ministers, and

(b) the Secretary of State shall consult the Scottish Ministers before making any such arrangements as are mentioned in paragraph (a) or (b).

(5) In this paragraph "prisoner" means--

(a) a person serving a sentence in a prison or other institution to which the Prison Act 1952 (c. 52), the Prisons (Scotland) Act 1989 or the Prisons Act (Northern Ireland) 1953 applies, or

(b) a person serving a sentence of detention or imprisonment imposed by a service court.

Power to suspend or revoke other orders

6 (1) 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.

(2) 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).

Part 2 Extradition proceedings

Meaning of "extradition proceedings"

7 In this Part of this Schedule "extradition proceedings" means proceedings before a court in the United Kingdom under--

(a) the Extradition Act 1989 (c. 33), or

(b) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45).

Extradition proceedings in England and Wales or Northern Ireland

8 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) extradition proceedings against that person are pending or in progress before a court in England and Wales or Northern Ireland,

the Secretary of State shall inform the court of the request.

(3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Secretary of State--

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the extradition proceedings shall be discontinued.

(4) Where the Secretary of State directs that extradition proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall--

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) 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.

Extradition proceedings in Scotland

9 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) extradition proceedings against that person are pending or in progress before a court in Scotland,

the Secretary of State shall inform the Scottish Ministers of the request and they shall inform the court.

(3) 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.

Power to suspend or revoke warrant or order

10 (1) Where a court makes a delivery order in respect of a person--

(a) who has been committed under section 9 of, or paragraph 7 of Schedule 1 to, the Extradition Act 1989 (c. 33), or

(b) who has been ordered to be delivered up under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45),

the court may make any such order as is necessary to enable the delivery order to be executed.

(2) The court may, in particular, suspend or revoke any warrant or other order made by a court or judicial officer in respect of the person.

Part 3 Other delivery proceedings

Meaning of "other delivery proceedings"

11 In this Part of this Schedule "other delivery proceedings" means proceedings before a court in the United Kingdom for a delivery order under--

(a) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or

(b) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296);

and "the relevant International Tribunal", in relation to such proceedings, means the international tribunal to which the Order in question relates.

Delivery proceedings in England and Wales

12 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) other delivery proceedings against that person are pending or in progress before a court in England and Wales,

the Secretary of State shall consult the ICC and the relevant International Tribunal.

(2) The Secretary of State shall inform the court of the request and of the outcome of the consultations.

(3) 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.

(4) 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--

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the other delivery proceedings shall be discontinued.

(5) 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--

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order under this Part of this Act to be executed (including any necessary order as to the custody of the person concerned).

(6) 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.

Delivery proceedings in Scotland

13 (1) Where--

(a) the Secretary of State receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) other delivery proceedings against that person are pending or in progress before a court in Scotland,

the Secretary of State shall consult the ICC and the relevant International Tribunal.

(2) 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.

(4) 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.

Power to suspend or revoke previous delivery order

14 (1) 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--

(a) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or

(b) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),

the court may make any order necessary to enable the person to be delivered up under this Part of this Act.

(2) The court may, in particular, suspend or revoke the other delivery order.

Section 28(3).

SCHEDULE 3 Rights of persons during investigation: article 55

Article 55 Rights of persons during an investigation

1 In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;

(b) 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;

(c) 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

(d) 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.

2 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:

(a) 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;

(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c) 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

(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Section 34(1).

SCHEDULE 4 Taking of fingerprints or non-intimate samples

Nomination of court to supervise taking of evidence

1 (1) 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).

(2) He shall not do so unless--

(a) he is satisfied that other means of identification have been tried and have proved inconclusive, and

(b) he has notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

Order to provide evidence

2 (1) The nominated court may order the taking by a constable of the person's fingerprints or a non-intimate sample (or both).

(2) In the case of a non-intimate sample--

(a) the sample must be a sufficient sample within the meaning of section 65 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), and

(b) section 63A(2) of that Act or, in Northern Ireland, Article 63A(2) of that Order applies as to the manner of taking the sample.

(3) 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.

Requirement to attend and provide evidence

3 (1) The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence.

(2) Any such requirement--

(a) shall give the person at least seven days within which he must so attend, and

(b) may direct him to attend at a specified time of day or between specified times of day.

(3) If the person fails to attend in accordance with the order--

(a) the nominated court may issue a warrant for his arrest, and

(b) the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.

The court shall inform the person concerned of the effect of this sub-paragraph.

(4) 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.

Consent to taking of evidence

4 (1) The necessary identification evidence may be taken--

(a) with the appropriate consent given in writing, or

(b) without that consent, in accordance with paragraph 5.

(2) 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.

(3) The court shall inform the person concerned of the effect of this paragraph.

Taking of evidence without consent

5 (1) A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent.

(2) 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.

(3) 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.

Record of certain matters to be made

6 (1) 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) the fact that the appropriate consent has been given,

(b) any authorisation given under paragraph 5(1), and

(2) 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.

Checking of fingerprints or samples

7 (1) This paragraph applies to--

(a) fingerprints or samples taken under this Schedule, and

(b) information derived from such samples.

(2) The fingerprints, samples or information may be used only for the purpose of an investigation into a relevant offence.

(3) In particular, a check may not be made against them under--

(a) section 63A(1) of the Police and Criminal Evidence Act 1984 (c. 60) (checking of fingerprints and samples), or

(b) Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (checking of fingerprints and samples),

except for the purpose of an investigation into a relevant offence.

(4) The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against--

(a) other fingerprints or samples taken under this Schedule or information derived from such samples,

(b) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and

(c) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples).

(5) For the purposes of this paragraph a "relevant offence" means an ICC crime or an offence under Part 5 of this Act.

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