The International Criminal Court Act 2001 (Overseas Territories) Order 2009

SCHEDULE 2 DELIVERY UP OF PERSONS SUBJECT TO CRIMINAL PROCEEDINGS, & C

PART 1 CRIMINAL PROCEEDINGS

Meaning of “criminal proceedings”

1.  In this Part of this Schedule “criminal proceedings” means proceedings before a national court—

(a) for dealing with an individual accused of an offence,

(b) for dealing with an individual convicted of an offence, or

(c) on an appeal from any proceedings within paragraph (a) or (b).

2.—(1) Where—

(a) the Governor receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person and

(b) criminal proceedings against that person are pending or in progress before a court in the Territory,

the Governor shall inform the court of the request.

(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.

(3) If a delivery order is made and the criminal proceedings are still pending or in progress, the Governor—

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the criminal proceedings shall be discontinued.

(4) Where the Governor directs that criminal proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) The discontinuance under this paragraph of criminal proceedings in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.

3.  Omitted

4.  Omitted

Effect on custodial sentences

5.—(1) Where in pursuance of Part 2 of this Act a person who is a prisoner is delivered up—

(a) into the custody of the ICC, or

(b) into the custody of a state where he is to undergo imprisonment under a sentence of the ICC,

he shall continue to be liable to complete any term of imprisonment or detention to which he had been sentenced by a national court.

But there shall be counted towards the completion of that term any time during which he is in the custody of the ICC or of another state.

(2) Where in pursuance of Part 2 of this Act a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of imprisonment or detention to which he has been sentenced by a national court.

Accordingly, a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.

(3) Where in pursuance of Part 2 of this Act a delivery order is made in respect of a person who is a prisoner, the order may include provision authorising the return of the prisoner into the custody of the Governor—

(a) in accordance with arrangements made by the Governor with the ICC, or

(b) in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of the ICC, in accordance with arrangements made by the Governor with the state where that place is situated,

and for his transfer in custody to the place where he is liable to be detained under the sentence of the national court to which he is subject.

(4) Omitted

(5) In this paragraph “prisoner” means a person serving a sentence of detention or imprisonment (including a sentence imposed by a service court).

Power to suspend or revoke other orders

6.—(1) This paragraph applies where a court makes a delivery order in respect of a person in respect of whom an order (other than a sentence of imprisonment or detention) has been made in criminal proceedings before a national court.

(2) The court may make any order necessary to enable the delivery order to be executed, and may in particular suspend or revoke any such order as is mentioned in sub-paragraph (1).

PART 2 EXTRADITION PROCEEDINGS

7.—(1) In this Part of this Schedule “extradition proceedings” means proceedings before a court in the Territory under—

(a) the Extradition Act 1989 or under that Act as extended to the Territory by the Extradition (Overseas Territories) Order 2002, or

(b) any other provisions in force in the Territory for the surrender of a fugitive offender to another country or territory,

apart from proceedings to which Part 3 of this Schedule applies.

In this Part of this Schedule references to a court include references to a judge.

8.—(1) Where—

(a) the Governor receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) extradition proceedings against that person are pending or in progress before a court in the Territory,

the Governor shall inform the court of the request.

(2) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made.

(3) If a delivery order is made and the extradition proceedings are still pending or in progress, the Governor—

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the extradition proceedings shall be discontinued.

(4) Where the Governor directs that extradition proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order to be executed (including any necessary order as to the custody of the person concerned).

(5) The discontinuance under this paragraph of extradition proceedings in respect of an offence does not prevent the institution of fresh extradition proceedings in respect of the offence.

9.  Omitted

Power to suspend or revoke warrant or order

10.—(1) Where a court in the Territory makes a delivery order in respect of a person who has been committed for surrender or ordered to be delivered up in extradition proceedings in the Territory, the court may make any such order as is necessary to enable the delivery order to be executed.

(2) The court may, in particular, suspend or revoke any warrant or other order made by a court or judicial officer in respect of the person.

PART 3 OTHER DELIVERY PROCEEDINGS

Meaning of “other delivery proceedings”

11.  In this Part of this Schedule “other delivery proceedings” means proceedings before a court in the Territory for an order for the delivery of a person in pursuance of proceedings before an international tribunal other than the ICC, and “the relevant International Tribunal”, in relation to such proceedings, means the international tribunal in which the proceedings are instituted.

Delivery proceedings in the Territory

12.—(1) Where—

(a) the Governor receives a request from the ICC for the arrest and surrender, or provisional arrest, of a person, and

(b) other delivery proceedings against that person are pending or in progress before a court in the Territory,

the Governor shall consult the ICC and the relevant International Tribunal.

(2) The Governor shall inform the court of the request and of the outcome of the consultations.

(3) The court shall (if necessary) adjourn the proceedings before it, for such period or periods as it thinks fit, so as to enable proceedings to be taken to determine whether a delivery order should be made under this Part of this Act.

(4) If a delivery order is made under this Part of this Act and the other delivery proceedings are still pending or in progress, the Governor—

(a) shall consult the ICC before giving directions for the execution of the order, and

(b) may direct that the other delivery proceedings shall be discontinued.

(5) Where the Governor directs that the other delivery proceedings shall be discontinued, the court before which the proceedings are pending or in progress shall—

(a) order their discontinuance, and

(b) make any other order necessary to enable the delivery order under this Part of this Act to be executed (including any necessary order as to the custody of the person concerned).

(6) The discontinuance under this paragraph of other delivery proceedings in respect of an offence does not prevent the institution of fresh proceedings for a delivery order in respect of the offence.

13.  Omitted.

Power to suspend or revoke previous delivery order

14.—(1) Where a court makes a delivery order under this Part of this Act in respect of a person in respect of whom a delivery order has been made in pursuance of other delivery proceedings the court may make any order necessary to enable the person to be delivered up under this Part of this Act.

(2) The court may, in particular, suspend or revoke the other delivery order.

15.  In this Part of this Schedule references to a court include references to a judge.