International Criminal Court Act 2006

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SCHEDULE 3

Consequential Amendments

Section 66 .

1. The Defence Act 1954 is amended—

(a) in subsection (3) (as substituted by section 56 of the Criminal Justice (Terrorist Offences) Act 2005 ) of section 169, by substituting the following paragraph for paragraph (c):

“(c) if convicted of an offence under section 3 of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006, be liable—

(i) to imprisonment for life—

(I) if the offence involves murder or, in the case of an offence committed outside the State, the killing of a person in such circumstances as would constitute murder if the offence were committed within the State, or

(II) if a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,

or

(ii) in any other case, to imprisonment for a term not exceeding thirty years;”,

and

(b) in subsections (2)(c) and (3) of section 192 (as amended by section 5 of the Genocide Act 1973 , section 6(b) of the Criminal Justice (United Nations Convention against Torture) Act 2000 , section 6(b) of the Criminal Justice (Safety of United Nations Workers) Act 2000 and section 56 of the Criminal Justice (Terrorist Offences) Act 2005 ), by substituting the following for “genocide”:

“an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006”.

2. Section 3 (grave breaches of Scheduled Conventions) of the Geneva Conventions Act 1962 is amended in subsection (1) (as substituted by section 3 of the Geneva Conventions (Amendment) Act 1998 ), by deleting the words from “shall be guilty” to the end of the subsection and substituting:

“shall be guilty of an offence and on conviction—

(a) shall be sentenced to imprisonment for life—

(i) if the offence involves murder or, in the case of an offence committed outside the State, the killing of a person in such circumstances as would constitute murder if the offence were committed within the State, or

(ii) if a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,

or

(b) in any other case, shall be sentenced to imprisonment for a term not exceeding 30 years”.

3. Section 11 (political offences) of the Extradition Act 1965 is amended by the insertion of the following subsection after subsection (2):

“(3) (a) This subsection applies to an offence of which a person is accused or has been convicted outside the State and the act constituting which would, if done within the State, constitute an offence under—

(i) section 3 (grave breaches of Scheduled Conventions) of the Geneva Conventions Act 1962 , as amended by section 3 of the Geneva Conventions (Amendment) Act 1998 , and

(ii) section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006.

(b) For the purposes of this Part and without prejudice to section 3 (certain offences not to be regarded as political offences) of the Extradition (European Convention on the Suppression of Terrorism) Act 1987 , an offence to which this subsection applies shall not be regarded as a political offence or an offence connected with a political offence.”.

4. The Diplomatic Relations and Immunities Act 1967 is amended by the insertion of the following section after section 2:

“Application of International Criminal Court Act 2006.

2A.– Parts II to VIII of this Act are without prejudice to sections 60 (immunities and privileges relating to International Criminal Court) and 61 (state or diplomatic immunity, etc.) of the International Criminal Court Act 2006.”.

5. The Criminal Procedure Act 1967 is amended—

(a) in section 13(1) (as amended by section 6 of the Genocide Act 1973 , section 8 of the Criminal Justice (United Nations Convention against Torture) Act 2000 , section 7 of the Criminal Justice (Safety of United Nations Workers) Act 2000 and section 59(a) of the Criminal Justice (Terrorist Offences) Act 2005 ), by substituting the following for “genocide”:

“an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006”,

and

(b) in section 29(1), by substituting the following paragraph for paragraph (g) (inserted by section 7 of the Genocide Act 1973 ):

“(g) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006.”.

6. The Schedule to the Bail Act 1997 is amended by the insertion of the following after paragraph 6:

“Genocide, crimes against humanity, war crimes and ancillary offences

6A. An offence under section 7 or 8 of the International Criminal Court Act 2006.”.