Part 6 General provisions

Application and extent

77 Application of provisions in relation to other International Tribunals

(1) Section 23 (provisions as to state or diplomatic immunity) applies in relation to proceedings under—
(a) the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (S.I. 1996/716), or
(b) the United Nations (International Tribunal) (Rwanda) Order 1996 (S.I. 1996/1296),
as it applies in relation to proceedings under Part 2 of this Act, with the following adaptations.
(2) The adaptations are—
(a) in subsection (1) omit the words “by reason of a connection with a state party to the ICC Statute”;
(b) omit subsections (2), (3) and (5);
(c) in subsection (4)—
(i) for the reference to the ICC substitute a reference to the relevant International Tribunal, and
(ii) omit the words “or (2)”.
(3) The provisions of sections 42 to 48 (enforcement of sentences of imprisonment) apply, with any necessary modifications, in relation to a sentence of imprisonment imposed by either of the International Tribunals to which the Orders mentioned in subsection (1) above apply as they apply in relation to a sentence of the ICC.
(4) 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 other tribunal of a similar character that may be established by resolution of the Security Council of the United Nations provision corresponding to that made in relation to the ICC by the provisions of this Act mentioned in subsection (1) or (3) above.

77A The Special Court for Sierra Leone

(1)Her Majesty may by Order in Council make in relation to the Special Court for Sierra Leone provision—
(a)having effect in England and Wales, and
(b)corresponding to that made in relation to the ICC by sections 42 to 48 (enforcement of sentences of imprisonment), with any necessary modifications.
(2)An Order in Council made under this section must be laid before Parliament after it is made.

78 Crown application

This Act binds the Crown and applies to persons in the public service of the Crown, and property held for the purposes of the public service of the Crown, as it applies to other persons and property.

79 Extent

(1) The following provisions of this Act do not extend to Scotland—
(a) Part 3 (other forms of assistance), except section 32 (transfer of prisoner to give evidence or assist in investigation) and section 39 (production or disclosure prejudicial to national security);
(b) section 49 (power to make provision for enforcement of orders other than sentences of imprisonment);
(c) Part 5 (offences under domestic law), except—
• section 50(3) (regulations setting out Elements of Crimes),
• section 50(4) (Orders in Council specifying relevant reservations or declarations),
• section 70 (offences under section 1 of the Geneva Conventions Act 1957 (c. 52)), and
• sections 71 to 73 (extradition);
(d) the repeal by Schedule 10 of the provisions of the Genocide Act 1969 (c. 12) creating the offence of genocide.
(2) This Act extends to Northern Ireland.
(3) Her Majesty may by Order in Council make provision for extending the provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.
(4) Section 77 of this Act (application of provisions to other International Tribunals) has the same extent as section 1 of the United Nations Act 1946 (c. 45).
(5) The provisions of this Act amending the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or which relate to proceedings under those Acts, extend to any place to which those Acts extend.

80 Power to make provision in relation to Scotland

(1) The Secretary of State may by regulations make such modifications or adaptations of this Act as appear to him appropriate for co-ordinating the provisions of this Act and any corresponding provisions of an Act of the Scottish Parliament.
(2) The regulations may, in particular, make provision—
(a) for the transmission to and from Scottish Ministers of communications from and to the ICC, and
(b) for warrants, orders and other things done under the Scottish provisions to have effect in England and Wales or Northern Ireland as if done under the corresponding provisions of this Act.
(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULES

SCHEDULE 7 DOMESTIC PROVISIONS NOT APPLICABLE TO ICC PRISONERS

Introduction

1 The provisions specified in this Schedule do not apply in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.

Provisions affecting length of sentence

2(1)The following provisions of the law of England and Wales do not apply—
(a)section 24 of the Prison Act 1952 (c. 52) (calculation of term of sentence: meaning of “month”);
(b)section 49(2) of that Act (deduction of periods unlawfully at large);
(c)section 23(3) of the Criminal Justice Act 1961 (c. 39) (discharge at weekend or on a holiday);
(d)section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody).
(2)The following provisions of the law of Northern Ireland do not apply—any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—
(a)remission, or
(b)discharge at a weekend or on a holiday;
section 38(2) of that Act (deduction of periods unlawfully at large);
section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (taking into account of time spent in custody).

Provisions relating to early release or release on licence

3(1)The following provisions of the law of England and Wales do not apply—
section 28 of the Prison Act 1952 (c. 52) (power to discharge prisoners temporarily on grounds of ill health);
any provision of rules under section 47 of that Act (prison rules) permitting temporary release on licence;
section 32 of the Criminal Justice Act 1982 (c. 48) or sections 244 to 264 of the Criminal Justice Act 2003 (early release of prisoners);
Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (release on licence of life prisoners).
(2)The following provisions of the law of Northern Ireland do not apply—
any provision of rules under section 13 of the Prison Act (Northern Ireland) 1953 (c.18 (N.I.)) (prison rules) permitting temporary release on licence;
the Life Sentences (Northern Ireland) Order 2001 (release on licence of life prisoners);
section 24 of the Prison Act (Northern Ireland) 1953 (power to discharge prisoners temporarily on grounds of ill health).

This provision follows the ICC Statute.

The ICC Act applies generally to the whole of UK, with the exception of some provisions which do not apply to Scotland, which is governed by the ICC (Scotland) Act 2001.