L.39/2014
International Criminal Court Act 2001 (Jersey) Order 2014
Made by Her
Majesty in Council 8th October 2014
Registered by the Royal Court 7th November 2014
In force in
accordance with Article 1
HER
MAJESTY, in
exercise of the powers conferred upon Her by section 79(3) of the
International Criminal Court Act 2001, is pleased, by and with the advice
of Her Privy Council, to make the following Order:
1
This Order may be cited as
the International Criminal Court Act 2001 (Jersey) Order 2014 and shall come into force on the same day as the International Criminal
Court (Jersey) Law 2014[1] comes into force.
2
The following provisions of the
International Criminal
Court Act 2001 shall extend to the
Bailiwick of Jersey –
(a) section 23(5)
(extension of powers under United Nations Act 1946);
(b) sections 44
and 45 (transfer of prisoner);
(c) section 70
(amendment of Geneva Conventions Act 1957); and
(d) section 83
and Schedule 10 (repeals), so far as they relate to the Geneva Conventions
Act 1957, the Genocide Act 1969 and the Geneva Conventions
(Amendment) Act 1995;
subject to the modifications
set out in the Schedule to this Order.
Richard tilbrook
Clerk of the Privy Council
SCHEDULE
(Article 2)
MODIFICATIONs of certain provisions of
the 2001 act in their extension to the bailiwick of jersey
1
In section 44
(Transfer to another part of the United Kingdom: transfer of ICC
sentence) –
(a) in
the heading omit the words “another part of”;
(b) in
subsections (1) and (3), for the words “relevant Minister”
substitute “Secretary of State”;
(c) in
subsection (1), for the words “to another part of the United
Kingdom” substitute “from Jersey to any part of the United Kingdom”;
(d) for
subsection (2) substitute –
“(2) No such order shall be made
without the agreement of the Minister for Home Affairs; and no such order shall
be made for the transfer of the prisoner to Scotland without the agreement of
the Scottish Ministers.”; and
(e) omit
subsections (4), (5) and (6).
2
In section 45
(Transfer to another part of the United Kingdom: transfer for temporary
purposes) –
(a) in
the heading omit the words “another part of”;
(b) in
subsections (1), (2) and (4), for the words “relevant
Minister” substitute “Secretary of State”;
(c) in
subsection (1)(a) and (b), for the words “another” substitute
“any”;
(d) for
subsection (3) substitute –
“(3) No such order shall be made
without the agreement of the Minister for Home Affairs; and no such order shall
be made for the transfer of the prisoner to Scotland without the agreement of
the Scottish Ministers.”; and
(e) omit
subsections (5) and (6).
3
In section 70
(Offences under section 1 of the Geneva Conventions
Act 1957) –
(a) in
subsection (1)(a), omit the words “on indictment”;
(b) in
subsection (2), in the inserted section 1A (Trial and punishment of
offences under s.1) –
(i) in
subsection (2), for the words “is triable only on indictment”
substitute “shall be tried before the Royal Court”;
(ii) in
subsection (3), omit “–” and substitute “except by
or with the consent of Her Majesty’s Attorney General for Jersey”
and omit paragraphs (a) and (b);
(iii) omit
subsection (4); and
(iv) in
subsection (5), for the words “the part of the United Kingdom in
which the proceedings are brought” substitute “Jersey”; and
(c) in
subsection (3), for the words “commencement of this section”
substitute “extension of this section to Jersey”.
4
In Schedule 10, in
paragraph (a) of the second column omit the words “on
indictment”.
INTERNATIONAL
CRIMINAL COURT ACT 2001
(2001 c.17)
CONTENTS
part 1
*
*
* *
*
*
*
part 2
arrest
and delivery of persons
Proceedings
on request
2–7 * * * * * * *
Proceedings
where court refuses delivery order
8–10 *
* * * * * *
Proceedings
where court makes delivery order
11–13 * * * * * * *
Warrants,
custody, bail and related matters
14–20 * * * * * * *
Request
for transit and unscheduled landing
21–22 * * * * * * *
Supplementary
provisions
23 Provisions
as to state or diplomatic immunity
24–26 * * * * * * *
part 3
*
*
*
*
*
*
*
part 4
ENFORCEMENT
OF SENTENCES AND ORDERS
Sentences
of imprisonment
42–43 * * * * * * *
44 Transfer
to another part of the United Kingdom: transfer of ICC sentence
45 Transfer
to another part of the United Kingdom: transfer for temporary purposes
46–48 * * * * * * *
Other
orders
49 * * * * * * *
part 5
offences
under domestic law
Introduction
50 * * * * * * *
England
and Wales
51–57 * * * * * * *
Northern
Ireland
58–64 * * * * * * *
Supplementary
provisions
65–69 * * * * * * *
Consequential
provisions
70 Offences
under section 1 of the Geneva
Conventions Act 1957
71–74 * * * * * * *
part 6
general
provisions
Interpretation
75–76 * * * * * * *
Application
and extent
77–80 * * * * * * *
Final
provisions
81–82 * * * * * * *
83 Repeals
84 * * * * * * *
____________________
SCHEDULES
SCHEDULES 1–9 – * * * * * * *
SCHEDULE 10 – Repeals
ELIZABETH II
INTERNATIONAL
CRIMINAL COURT ACT 2001
2001 CHAPTER 17
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[2] –
part 1
* *
*
*
*
*
*
part 2
arrest
and delivery of persons
Proceedings
on request
2–7 *
*
*
* *
*
*
Proceedings
where court refuses delivery order
8–10 *
*
*
*
*
*
*
Proceedings
where court makes delivery order
11–13 *
*
*
*
*
*
*
Warrants,
custody, bail and related matters
14–20 *
*
*
* *
*
*
Request
for transit and unscheduled landing
21–22 *
*
*
*
*
*
*
Supplementary
provisions
23 Provisions as to state or diplomatic immunity
(1) * *
* * * * *
(2) * *
* * * * *
(3) * *
* * * * *
(4) * *
* * * * *
(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) * *
* * * * *
24–26 *
*
*
*
*
*
*
part 3
*
*
*
*
*
* *
part 4
ENFORCEMENT
OF SENTENCES AND ORDERS
Sentences
of imprisonment
42–43 *
*
*
*
*
*
*
44 Transfer to
* * * the United Kingdom:
transfer of ICC sentence
(1) The
[Secretary of State] may make an order for the transfer of the prisoner [from
Jersey to any 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 without the agreement
of the Minister for Home Affairs; and no such order shall be made for the
transfer of the prisoner to Scotland without the agreement of the Scottish
Ministers.]
(3) An
order under this section shall be subject to such conditions (if any) as the
[Secretary of State] may impose from time to time.
(4) * *
* * * * *
(5) * *
* * * * *
(6) * *
* * * * *
45 Transfer to
* * * the United
Kingdom: transfer for temporary purposes
(1) This
section applies where it appears to the [Secretary of State] –
(a) that
the prisoner should be transferred to [any] 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 [any] part of the United Kingdom
is desirable in the interests of justice, or for the purposes of any public
inquiry.
(2) The
[Secretary of State] may make an order for the transfer of the prisoner to that
part of the United Kingdom.
[(3) No such order shall be made without the agreement
of the Minister for Home Affairs; and no such order shall be made for the
transfer of the prisoner to Scotland without the agreement of the Scottish
Ministers.]
(4) An
order under this section shall be subject to such conditions (if any) as the
[Secretary of State] thinks fit to impose.
Any such conditions may be
varied or removed at any time.
(5) * *
* * * * *
(6) * *
* * * * *
46–48 * * * * * * *
Other
orders
49 * * * * * * *
part 5
offences
under domestic law
Introduction
50 * * * * * * *
England
and Wales
51–57 * * * * * * *
Northern
Ireland
58–64 * * * * * * *
Supplementary
provisions
65–69 * * * * * * *
Consequential
provisions
70 Offences under
section 1 of the Geneva
Conventions Act 1957
(1) In
section 1 of the Geneva
Conventions Act 1957 (c.52) (punishment of grave breaches of the
conventions) –
(a) in
subsection (1), omit the words from “and on conviction * * *” to the end; and
(b) omit
subsections (3) to (5).
(2) After
that section insert –
“1A Trial and
punishment of offences under s.1
(1) The following
provisions apply in relation to offences under section 1 of this Act.
(2) The offence [shall be
tried before the Royal Court].
(3) Proceedings for an
offence shall not be instituted [except by or with the consent of Her
Majesty’s Attorney General for Jersey].
(4) * *
* * * * *
(5) A person convicted of
an offence involving murder shall be dealt with as for an offence of murder.
In this subsection “murder” means the killing of a
person in such circumstances as would constitute murder if committed in
[Jersey].
(6) In any other case a
person convicted of an offence is liable to imprisonment for a term not
exceeding 30 years.”.
(3) The
above amendments do not apply in relation to offences committed before the
[extension of this section to Jersey].
71–74 * * * * * * *
part 6
general
provisions
Interpretation
75–76 * * * * * * *
Application
and extent
77–80 * * * * * * *
Final
provisions
81–82 * * * * * * *
83 Repeals
The enactments mentioned in
Schedule 10 are repealed to the extent specified.
84 * * * * * * *
SCHEDULES
SCHEDULES 1 TO 9
* *
*
*
*
*
*
SCHEDULE 10
(Section 83)
repeals
|
Short
title and chapter
|
Extent
of repeal
|
|
* * * *
|
* * * *
|
|
* * * *
|
* * * *
|
|
The
Geneva Conventions Act 1957 (c.52)
|
In
section 1 –
(a) in subsection (1) the words from
“and on conviction
* * *” to the end;
(b) subsections (3) to (5).
In
section 7(1), the definition of “court”.
|
|
* * * *
|
* * * *
|
|
The Genocide Act 1969
(c.12)
|
The whole Act.
|
|
The Geneva Conventions
(Amendment) Act 1995 (c.27)
|
Section 1(4) and (5).
|