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International Criminal Court Act 2001 (c. 17)

(The document as of February, 2008)

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

(2) Where a court--

(a) grants bail but is unable to release the person because no surety or suitable surety is available, and

(b) fixes the amount in which the surety is to be bound with a view to the recognizance of the surety being entered into subsequently,

the court shall in the meantime commit the person to the custody of a constable.

(3) 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.

(4) 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--

(a) 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

(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.

(5) If a person required to surrender to custody in accordance with subsection (4) fails to do so--

(a) the court by which he was remanded may issue a warrant for his arrest,

(b) provisions of section 14 (effect of warrant of arrest) apply in relation to the warrant, and

(c) on his arrest the person shall be brought before the court which shall reconsider the question of bail.

(6) In this section "the specified police station" means the police station specified by the competent court under section 16(1)(b).

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

(1) Where an application for bail is made in proceedings under this Part in England and Wales--

(a) the court shall notify the Secretary of State of the application,

(b) the Secretary of State shall consult with the ICC, and

(c) bail shall not be granted without full consideration of any recommendations made by the ICC.

(2) Where an application for bail is made in proceedings under this Part in Scotland--

(a) the court shall notify the Scottish Ministers of the application,

(b) 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

(c) bail shall not be granted without full consideration of any such recommendations.

(3) In considering any such application as is mentioned in subsection (1) or (2) the court shall consider--

(a) 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

(b) 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.

19 Discharge of person not delivered up

(1) 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.

(2) The application shall be made--

(a) in the case of an order made in England and Wales, to the High Court;

(b) in the case of an order made in Scotland, to the High Court of Justiciary.

(3) On an application under this section the court shall order the person's discharge unless reasonable cause is shown for the delay.

20 Discharge of person no longer required to be surrendered

(1) Where the ICC informs the Secretary of State that a person arrested under this Part is no longer required to be surrendered--

(a) the Secretary of State shall notify an appropriate judicial officer of that fact, and

(b) that officer shall, on receipt of the notification, make an order for his discharge.

(2) Where the person was arrested in Scotland, the Secretary of State shall inform the Scottish Ministers who shall notify an appropriate judicial officer.



Request for transit and unscheduled landing

21 Request for transit

(1) This section applies where the Secretary of State receives a request from the ICC for transit of a person being surrendered by another state.

(2) If the Secretary of State accedes to the request--

(a) the request shall be treated for the purposes of this Part as if it were a request for that person's arrest and surrender,

(b) the warrant accompanying the request shall be deemed to have been endorsed under section 2(3), and

(c) 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.

(3) In relation to a case where this section applies--

(a) 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

(b) 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.

(4) A person in transit under this section shall not be granted bail.

22 Unscheduled landing

(1) 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.

(2) The court shall remand him in custody pending--

(a) receipt by the Secretary of State of a request from the ICC for his transit, and

(b) the Secretary of State's decision whether to accede to the request.

(3) 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--

(a) the Secretary of State shall forthwith notify the court of that fact, and

(b) the court shall, on receipt of the notification, discharge the arrested person.

(4) 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.

(5) If the Secretary of State notifies the court that he has decided to accede to the request--

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

(b) 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.

(6) 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.

(7) 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.



Supplementary provisions

23 Provisions as to state or diplomatic immunity

(1) 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.

(2) Where--

(a) 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

(b) waiver of that immunity is obtained by the ICC in relation to a request for that person's surrender,

the waiver shall be treated as extending to proceedings under this Part in connection with that request.

(3) A certificate by the Secretary of State--

(a) that a state is or is not a party to the ICC Statute, or

(b) that there has been such a waiver as is mentioned in subsection (2),

is conclusive evidence of that fact for the purposes of this Part.

(4) 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.

(5) 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--

(a) in subsection (1), of the words "by reason of a connection with a state party to the ICC Statute", and

(b) of subsections (2) and (3),

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).

(6) 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--

(a) 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),

(b) any other legislative provision made for the purpose of implementing an international obligation, or

(c) any rule of law derived from customary international law.

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

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--

(a) against whom criminal proceedings are pending or in progress before a national court, or who has been dealt with in such proceedings,

(b) 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

(c) against whom proceedings are pending or in progress in the United Kingdom for a delivery order under--

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

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

or against whom a delivery order has been made in such proceedings.

25 Documents having effect as warrants, &c

(1) 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.

(2) Where facsimile transmission is used--

(a) for the making of a request by the ICC or the transmission of any supporting documents, or

(b) for the transmission of any document in consequence of such a request,

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.

(3) 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.

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

For the purposes of this Part--

  • "appropriate judicial officer" means--

    (a)

    the Senior District Judge (Chief Magistrate),

    (b)

    a District Judge (Magistrates' Courts) designated for the purposes of this Act by the Lord Chancellor, or

    (c)

    the Sheriff of Lothian and Borders; and

  • "competent court" means a court consisting of an appropriate judicial officer.



Part 3 Other forms of assistance

Introduction

27 Provision of assistance

(1) 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--

(a) an investigation has been initiated by the ICC, and

(b) the investigation and any proceedings arising out of it have not been concluded.

(2) Where facsimile transmission is used--

(a) for the making of a request by the ICC or the transmission of any supporting documents, or

(b) for the transmission of any document in consequence of such a request,

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.

(3) Nothing in this Part shall be read as preventing the provision of assistance to the ICC otherwise than under this Part.



Forms of assistance

28 Questioning

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.

(2) The person concerned shall not be questioned in pursuance of the request unless--

(a) he has been informed of his rights under article 55, and

(b) he consents to be interviewed.

(3) The provisions of article 55 are set out in Schedule 3 to this Act.

(4) Consent for the purposes of subsection (2)(b) 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.

(5) 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.

29 Taking or production of evidence

(1) 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.

(2) The Secretary of State may nominate a court in England and Wales or Northern Ireland to receive the evidence to which the request relates.

(3) For this purpose the nominated court--

(a) 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

(b) may take evidence on oath.

(4) 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.

(5) 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.

(6) No order for costs shall be made in proceedings under this section.

30 Taking or production of evidence: further provisions

(1) The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.

(2) The court may, if it thinks it necessary in order to protect--

(a) victims and witnesses, or a person alleged to have committed an ICC crime, or

(b) confidential or sensitive information,

direct that the public be excluded from the court.

(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular--

(a) which persons with an interest in the proceedings were present,

(b) which of those persons were represented and by whom, and

(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Secretary of State or with the leave of the court.

(5) A copy of the register of the proceedings shall be sent to the Secretary of State for transmission to the ICC.

31 Service of process

(1) 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.

(2) 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.

(3) If the document is so served, the chief officer of police shall forthwith inform the Secretary of State when and how it was served.

(4) 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.

(5) 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.

32 Transfer of prisoner to give evidence or assist in investigation

(1) 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.

(2) Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.

(3) 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.

(4) 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.

(5) 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.).

(6) In this section "prisoner" means--

(a) 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,

(b) a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 (c. 45) applies,

(c) a person serving a sentence of detention or imprisonment imposed by a service court,

(d) a person detained in custody otherwise than in pursuance of a sentence, including in particular--

(i) a person in custody awaiting trial or sentence,

(ii) a person committed to prison for contempt or for default in paying a fine,

(iii) a person in custody in connection with proceedings to which Part 2 or 3 of Schedule 2 applies (extradition or other delivery proceedings),

(iv) a person detained under any provision of the Immigration Act 1971 (c. 77).

(7) For the purposes of the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999 (c. 33)) a person detained under any provision of the Immigration Act 1971 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).

(8) 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;

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

33 Entry, search and seizure

(1) 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).

(2) 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 a serious arrestable offence.

34 Taking of fingerprints or non-intimate sample

(1) 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.

(2) 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.

35 Orders for exhumation

Proceedings before the ICC in respect of an ICC crime are criminal proceedings for the purposes of section 23 of the Coroners Act 1988 (c. 13) or section 11 of the Coroners Act (Northern Ireland) 1959 (c. 15(N.I.)) (power of coroner to order exhumation).

36 Provision of records and documents

(1) This section applies where the Secretary of State receives a request from the ICC for the provision of records and documents relating to--

(a) the evidence given in any proceedings in England and Wales or Northern Ireland in respect of conduct that would constitute an ICC crime, or

(b) the results of any investigation of such conduct with a view to such proceedings.

(2) 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.

37 Investigation of proceeds of ICC crime

(1) Where the Secretary of State receives a request from the ICC for assistance--

(a) in ascertaining whether a person has benefited from an ICC crime, or

(b) in identifying the extent or whereabouts of property derived directly or indirectly from an ICC crime,

the Secretary of State may direct a constable to apply for an order or warrant under Schedule 5.

(2) 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.

38 Freezing orders in respect of property liable to forfeiture

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--

(a) authorise a person to act on behalf of the ICC for the purposes of applying for a freezing order, and

(b) direct that person to apply for such an order under Schedule 6.



National security

39 Production or disclosure prejudicial to national security

(1) 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.

(2) 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.



Supplementary provisions

40 Verification of material

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.

41 Transmission of material to the ICC

(1) 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.

(2) Where any evidence or other material is to be transmitted to the ICC, there shall be transmitted--

(a) where the material consists of a document, the original or a copy, and

(b) where the material consists of any other article, the article itself or a photograph or other description of it,

as may be necessary to comply with the request of the ICC.



Part 4 Enforcement of sentences and orders

Sentences of imprisonment

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42 Detention in the United Kingdom in pursuance of ICC sentence

(1) This section applies where--

(a) 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

(b) the Secretary of State informs the ICC that the designation is accepted.

(2) Where the Secretary of State is minded that the prisoner should be detained in Scotland--

(a) he shall consult the Scottish Ministers, and

(b) 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.

(3) Where subsection (2) does not apply or the Scottish Ministers do not agree, the Secretary of State shall issue a warrant authorising--

(a) the bringing of the prisoner to England and Wales or Northern Ireland,

(b) the detention of the prisoner there in accordance with the sentence of the ICC, and

(c) 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.

(4) 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.

(5) The following enactments do not apply to a person detained in pursuance of a sentence of the ICC--

(a) the Repatriation of Prisoners Act 1984 (c. 47),

(b) 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.

(6) 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.

43 Temporary return or transfer of custody to another state

(1) This section applies where the Secretary of State receives a request from the ICC--

(a) for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or

(b) for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.

(2) If the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.

(3) The relevant Minister shall--

(a) issue a warrant authorising the prisoner's temporary return or transfer in accordance with the request,

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

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