Part 5Offences under domestic law

Consequential provisions

70Offences under section 1 of the Geneva Conventions Act 1957

1

In section 1 of the Geneva Conventions Act 1957 (c. 52) (punishment of grave breaches of the conventions)—

a

in subsection (1), omit the words from “and on conviction on indictment” to the end; and

b

omit subsections (3) to (5).

2

After that section insert—

1ATrial and punishment of offences under s.1

1

The following provisions apply in relation to offences under section 1 of this Act.

2

The offence is triable only on indictment.

3

Proceedings for an offence shall not be instituted—

a

in England and Wales, except by or with the consent of the Attorney General;

b

in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

4

If the offence is not committed in the United Kingdom—

a

proceedings may be taken, and

b

the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom.

5

A person convicted of an offence involving murder shall be dealt with as for an offence of murder.

In this subsection “murder” means the killing of a person in such circumstances as would constitute murder if committed in the part of the United Kingdon in which the proceedings are brought.

6

In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.

3

The above amendments do not apply in relation to offences committed before the commencement of this section.