'National prosecution for offences against the administration of justice' in document 'UK - ICC Act (Overseas Territories) Order 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Offences in relation to the ICC
58.—(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 the Territory.
(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 of perjury, however described, under the law of the Territory;
(b) in relation to article 70.1(c) (interference with witness or evidence), an offence under the law of the Territory of interfering with a witness or evidence;
(c) in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law, or under any provision of the law of the Territory, in respect of any of those matters.
(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 the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory 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 the Territory—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in the Territory.
(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.


Offences in relation to the ICC
58.—(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 the Territory.

(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 of perjury, however described, under the law of the Territory;
(b) in relation to article 70.1(c) (interference with witness or evidence), an offence under the law of the Territory of interfering with a witness or evidence;
(c) in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law, or under any provision of the law of the Territory, in respect of any of those matters.

(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 the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory 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 the Territory—

(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in the Territory.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.