'Witness protection - national procedures for ICC proceedings' in document 'UK - ICC Act (Overseas Territories) Order 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Taking or production of evidence: further provisions
34. (2) The court may, if it thinks it necessary in order to protect—

(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,

direct that the public be excluded from the court.

(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—

(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Protection of victims and witnesses
61.—(1) Any provisions of the law of the Territory of a description specified below (which make provision for the protection of victims and witnesses of certain offences) have effect—

(a) as if any reference in those provisions to a specific substantive offence included an offence under section 51 involving conduct constituting that offence; and
(b) as if any reference in those provisions to a specific ancillary offence included—

(i) that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, and
(ii) an offence under section 52 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.

(2) The provisions are—

(a) provisions for the protection of victims of sexual offences;
(b) provisions for the protection of witnesses and complainants; and
(c) provisions in relation to proceedings for sexual offences imposing restrictions on access by defendants and others to material disclosed in connection with such proceedings.

(3) In subsection (1) above—

(a) “substantive offence” means an offence other than an ancillary offence; and
(b) the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in the Territory.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(j) The protection of victims and witnesses and the preservation of evidence