'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' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(3) The corresponding domestic offences are—
(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;

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:

(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;

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:
(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

ANALYSIS

This provision follows the ICC Statute.

 

When prosecuting these crimes, account must be taken of article 70(1) and judgments of the ICC. In effect, the accused will be prosecuted for breaching Article 70(1) through the medium of the offences assigned to the particular Rome Statute crime by the ICC Act 2001 or the ICC (Scotland) Act 2001.