The International Criminal Court Act (Overseas Territories) Order 2009

JurisdictionUK Non-devolved

2009 No. 1738

International Criminal Court

The International Criminal Court Act 2001 (Overseas Territories) Order 2009

Made 8th July 2009

Laid before Parliament 15th July 2009

Coming into force 1st September 2009

At the Court at Buckingham Palace, the 8th day of July 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 79(3) of the International Criminal Court Act 20011, is pleased, by and with the advice of Her Privy Council, to order, as follows:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the International Criminal Court Act 2001 (Overseas Territories) Order 2009 and shall come into force on 1 September 2009.

S-2 Extent and interpretation

Extent and interpretation

2.—(1) The provisions of the International Criminal Court Act 2001, with the exceptions, adaptations and modifications as in Annex 1 to this Order, shall extend to the territories listed in Annex 2 to this Order.

(2) The provisions of the International Criminal Court Act 2001, as so excepted, adapted and modified, shall in their application to certain of the said territories be subject to the further exceptions, adaptations and modifications set out in Annex 3 to this Order.

S-3 Interpretation

Interpretation

3.—(1) Except as otherwise provided, in the application of the International Criminal Court Act 2001 to any of the territories to which it is extended, the expression “the Territory” means that territory.

(2) In this Order, unless the contrary intention appears–

“the Attorney General” means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General;

“appellate court” means the court or courts of the Territory, however styled, which possess appellate jurisdiction from decisions of the Supreme Court;

“constable” includes an officer of the police force or police service of the Territory;

“customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls;

“the Governor” means the Governor or other officer administering the Government of the Territory;

“official gazette” includes any form in which official information is normally made available in the Territory;

“Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court).

(3) Where a request is made by the International Criminal Court to the Secretary of State and is transmitted by him to the Governor, any references in this Order to a request made by the Court to the Governor shall be treated as including references to a request so made to the Secretary of State and so transmitted to the Governor.

S-4 Exercise of powers of the Governor

Exercise of powers of the Governor

4. The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.

Judith Simpson

Clerk of the Privy Council

ANNEX 1

Article 2(1)

EXTENSION OF THE PROVISIONS OF THE INTERNATIONAL CRIMINAL COURT ACT 2001, WITH EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS, TO THE TERRITORIES LISTED IN ANNEX 2

1 THE INTERNATIONAL CRIMINAL COURT

PART 1

THE INTERNATIONAL CRIMINAL COURT

SCH-1.5

5. The ICCICC and the ICCICC Statute

(1) In this Act–

“the ICCICC” means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998;

“the ICCICC Statute” means that Statute; and

“ICCICC crime” means a crime (other than the crime of aggression) over which the ICCICC has jurisdiction in accordance with the ICCICC Statute.

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

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

2 ARREST AND DELIVERY OF PERSONS

PART 2

ARREST AND DELIVERY OF PERSONS

Proceedings on request

Proceedings on request

SCH-1.6

6. Request for arrest and surrender

(1) Where the Governor receives a request from the ICCICC for the arrest and surrender of a person alleged to have committed an ICCICC crime, or to have been convicted by the ICCICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.

(2) Omitted

(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 ICCICC, he shall endorse the warrant for execution in the Territory.

(4) If in the case of a person convicted by the ICCICC the request is not accompanied by a warrant of arrest, but is accompanied by–

(a)

(a) a copy of the judgment of conviction,

(b)

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

(c)

(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”.

SCH-1.7

7. Request for provisional arrest

(1) This section applies where the Governor receives from the ICCICC a request for the provisional arrest of a person alleged to have committed an ICCICC crime or to have been convicted by the ICCICC.

(2) If it appears to the Governor that application for a warrant should be made in the Territory–

(a)

(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)

(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 ICCICC for the arrest of a person, and

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

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

(3) Omitted

(4) Where an appropriate judicial officer issues a warrant under this section, he shall notify the Governor that he has done so.

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

SCH-1.8

8. Dealing with a 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) Any provision made by Order in Council under paragraph 3 of Schedule 1 to this Act as it applies in the United Kingdom (power to make provision to give effect to Rules of Evidence and Procedure) specifying–

(a)

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

(b)

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

shall likewise apply in the Territory.

(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)

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

(b)

(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.

SCH-1.9

9. 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) The competent court shall make a delivery order if it is satisfied–

(a)

(a) that the warrant–

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

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

(b)

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

(3) A “delivery order” is an order that the person be delivered up–

(a)

(a) into the custody of the ICCICC, or

(b)

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

in accordance with arrangements made by the Governor.

(4) In the case of a person alleged to have committed an ICCICC crime, the competent court may adjourn the proceedings pending the outcome of any challenge before the ICCICC to the admissibility of the case or to the jurisdiction of the ICCICC.

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

(a)

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

(b)

(b) in the case of a person alleged to have committed an ICCICC 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)

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

(b)

(b) whether his rights have been respected.

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

(8) If the competent court determines–

(a)

(a) that the...

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