Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in England and Wales.
(2) In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.
(3) The corresponding domestic offences are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against section 1(1) of the Perjury Act 1911 (c. 6);
(b) in relation to article 70.1(c) (interference with witness or evidence), an offence against section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) or at common law;
(c) in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law.
(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.
(5) Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General.
(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in England or Wales—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in England or Wales.
(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

Part 5 Offences under domestic law

Northern Ireland

61 Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in Northern Ireland.
(2) In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.
(3) The corresponding domestic offences are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against Article 3(1) of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) ;
(b) in relation to article 70.1(b) to (f) (other offences), an offence at common law.
(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
(a) in Northern Ireland, or
(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.
(5) Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.
(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in Northern Ireland—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in Northern Ireland.
(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

Part 5 Offences under domestic law

Supplementary provisions

66 Mental element

(2) Unless otherwise provided by—

(b) section 54(1) or 61(1) or article 70.1 (offences in relation to the ICC),
a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

SCHEDULES

SCHEDULE 9 Offences against the ICC: article 70

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.
....
4 (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
....
NOTE:
Article 69.1, referred to in article 70.1(a), provides as follows:
“1 Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.”.

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.

This provision follows the ICC Statute.

The general presumption is that such offences must be committed with knowledge and intent, unless the contrary can be shown.