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International Criminal Court Act 2001 (c. 17)

(The document as of February, 2008)

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International Criminal Court Act 2001

2001 CHAPTER 17

CONTENTS

Content
  1. Part 1

    The International Criminal Court

    1. 1. The ICC and the ICC Statute

  2. Part 2

    Arrest and delivery of persons

    1. Proceedings on request

      1. 2. Request for arrest and surrender

      2. 3. Request for provisional arrest

      3. 4. Dealing with person arrested under provisional warrant

      4. 5. Proceedings for delivery order

      5. 6. Supplementary provisions as to proceedings before competent court

      6. 7. Consent to surrender

    2. Proceedings where court refuses delivery order

      1. 8. Procedure where court refuses order

      2. 9. Appeal against refusal of delivery order: England and Wales

      3. 10. Appeal against refusal of delivery order: Scotland

    3. Proceedings where court makes delivery order

      1. 11. Procedure where court makes order

      2. 12. Right to review of delivery order

      3. 13. Waiver of right to review

    4. Warrants, custody, bail and related matters

      1. 14. Effect of warrant of arrest

      2. 15. Effect of delivery order

      3. 16. Bail and custody: general

      4. 17. Bail and custody (England and Wales): supplementary

      5. 18. Bail and custody: consultation with the ICC, &c

      6. 19. Discharge of person not delivered up

      7. 20. Discharge of person no longer required to be surrendered

    5. Request for transit and unscheduled landing

      1. 21. Request for transit

      2. 22. Unscheduled landing

    6. Supplementary provisions

      1. 23. Provisions as to state or diplomatic immunity

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

      3. 25. Documents having effect as warrants, &c

      4. 26. Meaning of "appropriate judicial officer" and "competent court"

  3. Part 3

    Other forms of assistance

    1. Introduction

      1. 27. Provision of assistance

    2. Forms of assistance

      1. 28. Questioning

      2. 29. Taking or production of evidence

      3. 30. Taking or production of evidence: further provisions

      4. 31. Service of process

      5. 32. Transfer of prisoner to give evidence or assist in investigation

      6. 33. Entry, search and seizure

      7. 34. Taking of fingerprints or non-intimate sample

      8. 35. Orders for exhumation

      9. 36. Provision of records and documents

      10. 37. Investigation of proceeds of ICC crime

      11. 38. Freezing orders in respect of property liable to forfeiture

    3. National security

      1. 39. Production or disclosure prejudicial to national security

    4. Supplementary provisions

      1. 40. Verification of material

      2. 41. Transmission of material to the ICC

  4. Part 4

    Enforcement of sentences and orders

    1. Sentences of imprisonment

      1. 42. Detention in the United Kingdom in pursuance of ICC sentence

      2. 43. Temporary return or transfer of custody to another state

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

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

      5. 46. Domestic sentence current at end of term of ICC sentence

      6. 47. Custody of prisoner in transit, &c

      7. 48. Interpretation of ss. 42 to 47

    2. Other orders

      1. 49. Power to make provision for enforcement of other orders

  5. Part 5

    Offences under domestic law

    1. Introduction

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

    2. England and Wales

      1. 51. Genocide, crimes against humanity and war crimes

      2. 52. Conduct ancillary to genocide, etc. committed outside jurisdiction

      3. 53. Trial and punishment of main offences

      4. 54. Offences in relation to the ICC

      5. 55. Meaning of "ancillary offence"

      6. 56. Saving for general principles of liability, etc

      7. 57. Protection of victims and witnesses

    3. Northern Ireland

      1. 58. Genocide, crimes against humanity and war crimes

      2. 59. Conduct ancillary to genocide, etc. committed outside jurisdiction

      3. 60. Trial and punishment of main offences

      4. 61. Offences in relation to the ICC

      5. 62. Meaning of "ancillary offence"

      6. 63. Saving for general principles of liability, etc

      7. 64. Protection of victims and witnesses

    4. Supplementary provisions

      1. 65. Responsibility of commanders and other superiors

      2. 66. Mental element

      3. 67. Meaning of "UK national", "UK resident" and "person subject to UK service jurisdiction"

      4. 68. Proceedings against persons becoming resident within the jurisdiction

      5. 69. References to acts to include omissions, etc

    5. Consequential provisions

      1. 70. Offences under section 1 of the Geneva Conventions Act 1957

      2. 71. Extradition: Orders in Council under the 1870 Act

      3. 72. Extradition: exception to dual criminality rule under the 1989 Act

      4. 73. Extradition: offences not regarded as of political character etc

      5. 74. Consequential amendments of armed forces legislation

  6. Part 6

    General provisions

    1. Interpretation

      1. 75. Meaning of "national court" and "service court"

      2. 76. Meaning of "British aircraft", "British hovercraft" and "British ship"

    2. Application and extent

      1. 77. Application of provisions in relation to other International Tribunals

      2. 78. Crown application

      3. 79. Extent

      4. 80. Power to make provision in relation to Scotland

    3. Final provisions

      1. 81. Index of defined expressions

      2. 82. Commencement

      3. 83. Repeals

      4. 84. Short title

    1. Schedule 1

      Supplementary provisions relating to the ICC

    2. Schedule 2

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

      1. Part 1

        Criminal proceedings

      2. Part 2

        Extradition proceedings

      3. Part 3

        Other delivery proceedings

    3. Schedule 3

      Rights of persons during investigation: article 55

    4. Schedule 4

      Taking of fingerprints or non-intimate samples

    5. Schedule 5

      Investigation of proceeds of ICC crime

      1. Part 1

        Production or access orders

      2. Part 2

        Search warrants

      3. Part 3

        Supplementary provisions

    6. Schedule 6

      Freezing orders in respect of property liable to forfeiture

    7. Schedule 7

      Domestic provisions not applicable to ICC prisoners

    8. Schedule 8

      Genocide, crimes against humanity and war crimes: articles 6 to 9

    9. Schedule 9

      Offences against the ICC: article 70

    10. Schedule 10

      Repeals International Criminal Court Act 2001

An Act to give effect to the Statute of the International Criminal Court; to provide for offences under the law of England and Wales and Northern Ireland corresponding to offences within the jurisdiction of that Court; and for connected purposes.

[11th May 2001]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 The International Criminal Court

1 The ICC and the ICC Statute

(1) In this Act--

  • "the ICC" means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;

  • "the ICC Statute" means that Statute; and

  • "ICC crime" means a crime (other than the crime of aggression) over which the ICC has jurisdiction in accordance with the ICC Statute.

(2) References in this Act to articles are, unless otherwise indicated, to articles of the ICC Statute.

(3) Schedule 1 to this Act contains supplementary provisions relating to the ICC.



Part 2 Arrest and delivery of persons

Proceedings on request

2 Request for arrest and surrender

(1) 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.

(2) 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.

(3) 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.

(4) 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--

(a) a copy of the judgment of conviction,

(b) information to demonstrate that the person sought is the one referred to in the judgment of conviction, and

(c) 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,

the officer shall issue a warrant for the arrest of the person to whom the request relates.

(5) In this Part a warrant endorsed or issued under this section is referred to as a "section 2 warrant".

3 Request for provisional arrest

(1) 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.

(2) If it appears to the Secretary of State that application for a warrant should be made in England and Wales--

(a) he shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person, and

(b) on an application by a constable stating on oath that he has reason to believe--

(i) that a request has been made on grounds of urgency by the ICC for the arrest of a person, and

(ii) that the person is in, or on his way to, the United Kingdom,

an appropriate judicial officer shall issue a warrant for the arrest of that person.

(3) If it appears to the Secretary of State that application for a warrant should be made in Scotland--

(a) 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

(b) on the application by the procurator fiscal, which shall state--

(i) that a request has been made on grounds of urgency by the ICC for the arrest of a person, and

(ii) that the person is in, or on his way to, Scotland,

an appropriate judicial officer shall issue a warrant for the arrest of that person.

(4) 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.

(5) In this Part a warrant issued under this section is referred to as a "provisional warrant".

4 Dealing with person arrested under provisional warrant

(1) A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable.

(2) 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.

(3) If no such warrant is produced, the court shall remand him pending the production of such a warrant.

(4) 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--

(a) the period for which a person may be so remanded at any time, and

(b) the total period for which a person may be so remanded,

having regard to the time limits specified in Rules of Evidence and Procedure for the purposes of article 92.3.

(5) If at any time when the person is so remanded there is produced to the court a section 2 warrant in respect of him--

(a) the court shall terminate the period of remand, and

(b) he shall be treated as if arrested under that warrant--

(i) if he was remanded in custody, at the time the warrant was produced to the court;

(ii) if he was remanded on bail, when he surrenders to his bail.

(6) 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.

(7) The fact that a person has been discharged under this section does not prevent his subsequent arrest under a section 2 warrant.

5 Proceedings for delivery order

(1) A person arrested under a section 2 warrant shall be brought before a competent court as soon as is practicable.

(2) If the competent court is satisfied--

(a) that the warrant--

(i) is a warrant of the ICC and has been duly endorsed under section 2(3), or

(ii) has been duly issued under section 2(4), and

(b) that the person brought before the court is the person named or described in the warrant,

it shall make a delivery order.

(3) A "delivery order" is an order that the person be delivered up--

(a) into the custody of the ICC, or

(b) if the ICC so directs in the case of a person convicted by the ICC, into the custody of the state of enforcement,

in accordance with arrangements made by the Secretary of State.

(4) 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.

(5) In deciding whether to make a delivery order the court is not concerned to enquire--

(a) whether any warrant issued by the ICC was duly issued, or

(b) 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.

(6) 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--

(a) whether the person was lawfully arrested in pursuance of the warrant, and

(b) whether his rights have been respected.

(7) In making a determination under subsection (6) the court shall apply the principles which would be applied on an application for judicial review.

(8) If the court determines--

(a) that the person has not been lawfully arrested in pursuance of the warrant, or

(b) that the person's rights have not been respected,

it shall make a declaration or declarator to that effect, but may not grant any other relief.

(9) 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.

6 Supplementary provisions as to proceedings before competent court

(1) The following provisions apply in relation to proceedings before a competent court under section 5.

(2) In the case of proceedings in England and Wales--

(a) 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;

(b) if the court adjourns the proceedings, it shall on doing so remand the person whose surrender is sought;

(c) the proceedings are criminal proceedings for the purposes of Part 1 of the Access to Justice Act 1999 (c. 22) (advice, assistance and representation);

(d) 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.

(3) In the case of proceedings in Scotland--

(a) 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;

(b) 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.

7 Consent to surrender

(1) 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".

(2) Consent to surrender may be given--

(a) by the person himself, or

(b) 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.

(3) Consent to surrender must--

(a) be given in writing in the prescribed form or a form to the like effect, and

(b) be signed in the presence of a justice of the peace or, in Scotland, a sheriff.

The "prescribed form" means that prescribed by rules under section 144 of the Magistrates' Courts Act 1980 (c. 43) or, in Scotland, by the High Court of Justiciary by Act of Adjournal.

(4) Where consent to surrender has been given--

(a) a competent court before which the person is brought shall forthwith make a delivery order, and

(b) he shall be taken to have waived his rights under section 12 (right to review of delivery order).

(5) Where consent to surrender has been given, notice of that fact shall be given--

(a) if the person is in custody, to the prison governor, constable or other person in whose custody he is;

(b) 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.

(6) 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.



Proceedings where court refuses delivery order

8 Procedure where court refuses order

(1) If a competent court refuses to make a delivery order, it shall--

(a) make an order remanding the person arrested, and

(b) 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.

(2) 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.

(3) If the court is not so informed, it shall discharge the person arrested.

9 Appeal against refusal of delivery order: England and Wales

(1) 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.

(2) If the High Court allows the appeal it may--

(a) make a delivery order, or

(b) remit the case to the competent court to make a delivery order in accordance with the decision of the High Court.

(3) If the High Court dismisses the appeal, the Secretary of State may, with the permission of the High Court or the House of Lords, appeal to the House of Lords.

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 House of Lords) applies with the omission of so much of subsection (2) of that section as restricts the grant of leave to appeal.

(4) The House of Lords may exercise any of the powers conferred on the High Court by subsection (2) above.

(5) Where a delivery order is made by the High Court or the House of Lords, 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.

(6) 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--

(a) apply for permission to appeal to the House of Lords, or

(b) 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.

10 Appeal against refusal of delivery order: Scotland

(1) 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.

(2) If the High Court of Justiciary allows the appeal it may--

(a) make a delivery order, or

(b) remit the case to the competent court to make a delivery order in accordance with the decision of the High Court of Justiciary.

(3) 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.

(4) 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.

(5) 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.

(6) 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.



Proceedings where court makes delivery order

11 Procedure where court makes order

(1) Where a competent court makes a delivery order in respect of a person, the court shall--

(a) commit the person to custody or on bail to await the Secretary of State's directions as to the execution of the order,

(b) 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

(c) notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision.

(2) A person committed to custody under subsection (1)(a) shall be committed to prison or to the custody of a constable.

(3) A court which commits a person to custody under subsection (1)(a) may subsequently grant bail.

12 Right to review of delivery order

(1) 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--

(a) waives his rights under this section (see section 13), or

(b) is taken to have done so (see section 7(4)(b)).

(2) 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.

(3) 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.

(4) On an application for habeas corpus to which this section applies--

(a) 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

(b) 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").

(5) 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.

13 Waiver of right to review

(1) A person in respect of whom a delivery order has been made may waive his right to review of the order.

(2) Waiver of the right to review may be made--

(a) by the person himself, or

(b) 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.

(3) Waiver of the right to review must--

(a) be made in writing in the prescribed form or a form to the like effect, and

(b) be signed in the presence of a justice of the peace or, in Scotland, a sheriff.

The "prescribed form" means that prescribed by rules under section 144 of the Magistrates' Courts Act 1980 (c. 43) or, in Scotland, by the High Court of Justiciary by Act of Adjournal.

(4) Where a person has waived his right to review of the delivery order--

(a) no such application as is mentioned in section 12 may be made, and

(b) the order shall be taken for all purposes to be validly made.

(5) Where a person has waived his right to review, notice of that fact shall be given--

(a) if the person is in custody, to the prison governor, constable or other person in whose custody he is;

(b) 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.

(6) 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.



Warrants, custody, bail and related matters

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14 Effect of warrant of arrest

(1) For the purposes of any enactment or rule of law relating to warrants of arrest--

(a) a section 2 warrant endorsed or issued in any part of the United Kingdom, or

(b) a provisional warrant issued in any part of the United Kingdom,

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.

(2) 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.

(3) 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.

15 Effect of delivery order

(1) 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.

(2) A person in respect of whom a delivery order is in force is deemed to be in legal custody 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 under the order to or from any place or is being kept in custody pending his delivery up under the order.

(3) 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--

(a) if he is in the United Kingdom, of a constable in that part of the United Kingdom, or

(b) 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.

(4) 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.

(5) For the purposes of subsection (4) a "constable" means--

(a) a person who is a constable in any part of the United Kingdom, and

(b) 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.

16 Bail and custody: general

(1) Where under this Part a court has power to remand a person, the court may--

(a) remand him in custody, that is, commit him for the period of the remand to prison or to the custody of a constable, or

(b) 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.

(2) 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.

(3) The time appointed under subsection (1)(b) for a person to surrender to custody--

(a) shall be a time appointed by the officer in charge of the specified police station and notified in writing to the person remanded, and

(b) 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.

(4) 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.

(5) 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.

17 Bail and custody (England and Wales): supplementary

(1) The following provisions apply where a person is granted bail under this Part by a competent court in England and Wales.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7

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