'Offences against administration of justice' in document 'Trinidad&Tobago - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—

(c) against section 9, 11 or 19 regardless of—
(i) the nationality or citizenship of the person accused;
(ii) whether or not any act forming part of the offence occurred in Trinidad and Tobago; or
(iii) whether or not the person accused was in Trinidad and Tobago at the time that the act constituting the offence occurred or at the time a decision was made to charge that person with an offence.

PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to Try Offences Against
Administration of Justice
14. Proceedings may be brought for an offence under sections 15 to 21, if—
(a) the act or omission constituting the offence charged is alleged to have occurred in Trinidad and Tobago or on board a ship or aircraft that is registered in Trinidad and Tobago; or

(b) the person charged is a Trinidad and Tobago citizen.
Offences Against Administration of Justice
15. (1) Every Judge is liable on conviction on indictment to imprisonment for fourteen years who, in Trinidad and Tobago or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or any other person in respect of an act—
(a) done or omitted by that Judge in his judicial capacity; or
(b) to be done or to be omitted by that Judge in his judicial capacity.
(2) Every Judge, the Registrar, and the Deputy Registrar is liable on conviction on indictment to imprisonment for seven years if, in Trinidad and Tobago or elsewhere, that Judge, Registrar, or Deputy Registrar corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a) done or omitted by that Judge, Registrar or Deputy Registrar, in his official capacity other than an act or omission to which subsection (1) applies; or
(b) to be done or omitted by that Judge, Registrar, or Deputy Registrar, in his official capacity other than an act or omission to which subsection (1) applies.
(3) In this section and in sections 16 and 21—
“Deputy Registrar” means the Deputy Registrar of the ICC;
“Judge” means a Judge of the ICC; “Registrar” means the Registrar of the ICC.

16. (1) Every person is liable on conviction on Bribery of Judge, etc. indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in his judicial capacity.
(2) Every person is liable on conviction on indictment to imprisonment for five years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar or Deputy Registrar in his official capacity, other than an act or omission to which subsection (1) applies.

17. (1) Every official of the ICC is liable to imprisonment on conviction on indictment for seven years who, in Trinidad and Tobago or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or any other person in respect of an act—
(a) done or omitted by that officer in his official capacity; or
(b) to be done or omitted by that officer in his official capacity.

(2) Every person is liable on conviction on indictment to imprisonment for three years who, in Trinidad and Tobago or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his official capacity.
(3) In this section and in section 21, an official of the ICC means a person employed under article 44 of the Statute.

18. (1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Trinidad and Tobago as evidence on oath, would be perjury, gives false evidence.
(2) A person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, gives false evidence as defined in subsection (1).
(3) Notwithstanding subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than three years imprisonment, the punishment may be imprisonment for a term not exceeding fourteen years.
19. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.
20. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.
21. Every person is liable on conviction on indictment to imprisonment for seven years who, in Trinidad and Tobago or elsewhere—
(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC;
(b) makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—
(i) done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
(ii) to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his official capacity; or
(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.

Consent to Prosecutions for Offences Against Administration of Justice
22. (1) Proceedings for an offence under sections 15 to 21 may not be instituted in any Trinidad and Tobago court without the consent of the Attorney General.
(2) Notwithstanding (1), a person charged with an offence under sections 15 to 21 may be arrested, or a warrant for his arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

Co-operation Relating to Offences Against
Administration of Justice
23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—
(a) surrender, in the manner provided in Parts III and IV and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;
(b) enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts III and VI and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;
(c) transit, in the manner provided in sections 136 to 138 and 150 to 156 and those sections apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
(d) any other type of assistance, in the manner provided in Parts III and V and those Parts and, if applicable, Part VIII apply accordingly and with the necessary modifications, subject to any contrary provision in the statute or the Rules.
(2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Attorney General, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (3) To avoid doubt the only grounds on which surrender to the ICC may be refused are those specified in this section and if applicable, section 23(2) which relates to offences involving the administration of justice.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

114.
(3) To avoid doubt the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2), which relates to offences involving the administration of justice.

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.