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).

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

This provision follows the ICC Statute.

National sentencing procedure is amended in relation to ICC priosioners as these pisioners cannot have their sentence reduced under national laws.