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Session 2000-01
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Amendments to the International Criminal Court Bill [H.L.]

International Criminal Court Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse theAmendments to the International Criminal Court Bill [H.L.] to be moved in Committee in the House of Lords.

   
Clause 2
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 1, line 23, leave out ("shall") and insert ("may")  
     Page 2, line 11, after ("demonstrate") insert ("beyond reasonable doubt")  
   
Clause 3
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 2, line 25, leave out ("shall") and insert ("may")  
     Page 2, line 33, leave out ("shall") and insert ("may")  
     Page 2, line 38, leave out ("instruct") and insert ("request")  
     Page 2, line 40, leave out from beginning to ("shall") in line 41  
     Page 2, line 40, at beginning insert--
    ("if the procurator fiscal is satisfied--
          (i)  that a request has been made on grounds of urgency by the ICC for the arrest of a person, and
          (ii)  that the person is in, or on his way to Scotland,
the procurator fiscal shall make an application for a warrant to an appropriate judicial officer and that officer")
 
   
Clause 4
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 3, line 2, after ("court") insert ("or courts-martial in the case of service personnel")  
     Page 3, line 2, leave out ("as soon as is practicable") and insert ("not later than the first day after the person has been taken into custody, such day not being a Saturday, Sunday or court holiday")  
     Page 3, line 5, after ("him") insert ("on bail without conditions")  
     Page 3, line 7, leave out subsection (4)  
     Page 3, line 23, leave out from ("(including any extension of that period)")  
   
Clause 5
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 3, line 28, after ("court") insert (", or courts-martial in the case of service personnel,")  
     Page 3, line 28, leave out ("as soon as is practicable") and insert ("not later than the first day after the person has been taken into custody, such day not being a Saturday, Sunday or court holiday")  
     Page 3, line 28, leave out ("as soon as is practicable") and insert ("within 72 hours if he is detained after 6pm on a Friday (other than a Friday preceding a bank holiday), within 96 hours if he is detained after 6pm on a Friday preceding a bank holiday, and in all other cases within 48 hours")  
     Page 3, line 35, at end insert (", and
    (c)  that there is a prima facie case, on the evidence to be heard,")
 
     Page 3, line 36, leave out ("shall") and insert ("may")  
     Page 3, line 43, leave out ("may") and insert ("shall")  
     Page 3, line 45, at end insert ("and grant the subject of the warrant unconditional bail pending the resolution of such challenge,")  
     Page 4, line 1, leave out subsections (5) and (6)  
     Page 4, line 4, leave out paragraph (b)  
     Page 4, line 10, after ("rights") insert ("as defined in this Act")  
     Page 4, line 11, after ("shall") insert ("discharge the defendant forthwith and")  
   
Clause 6
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 4, line 37, leave out paragraph (6) and insert--
    ("(b) for the purposes of the Legal Aid (Scotland) Act 1986 and any regulations made thereunder, solemn legal aid shall be made available in respect of such proceedings or any appeal provisions following thereon")
 
   
Clause 7
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 5, line 1, leave out from ("which") to end of line 2 and insert ("the justice of the peace, or in Scotland, the sheriff, is satisfied that the person is incapable by reason of mental disorder or of inability to communicate because of physical disability and that it is appropriate for a person to act on his behalf")  
     Page 5, line 3, after ("person") insert ("so")  
     Page 5, line 3, leave out ("on his behalf")  
     Page 5, line 21, after ("bail") insert ("in England and Wales")  
     Page 5, line 22, at end insert ("; or
    (c)  in Scotland if the person is on bail, to the procurator fiscal and sheriff clerk of the competent court")
 
     Page 5, line 24, leave out ("officer mentioned") and insert ("persons referred to in subsection (5)(b) and (c)")  
   
Clause 8
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 5, line 28, leave out paragraph (a) and insert--
    ("(  )  discharge the person arrested forthwith, and")
 
     Page 5, line 32, leave out subsections (2) and (3)  
     Page 5, line 32, leave out ("without delay") and insert ("within 48 hours of the refusal of the delivery order")  
   
Clause 9
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 5, line 38, at end insert ("or the person subject to the order")  
     Page 6, line 5, at end insert ("or the person subject to the order")  
   
Clause 11
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 7, line 13, leave out ("ordinary") and insert ("a")  
     Page 7, line 13, leave out ("ordinary") and insert ("his own")  
     Page 7, line 13, after ("language") insert ("(which he understands)")  
   
Clause 12
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 7, line 22, leave out ("15") and insert ("21")  
   
Clause 13
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 8, line 5, leave out from ("which") to end of line 6 and insert ("the justice of the peace or in Scotland, the sheriff is satisfied that the person is incapable by reason of mental disorder or inability to communicate because of physical disability and that it is appropriate for another person to act on his behalf")  
     Page 8, line 23, after ("bail") insert ("in England and Wales")  
     Page 8, line 24, at end insert ("or in Scotland, to the procurator fiscal and sheriff clerk of the competent court")  
   
Clause 16
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 9, line 30, at beginning insert ("in England and Wales,")  
     Page 9, line 32, at end insert (", or
    (c)  in Scotland, grant him bail on the standard conditions of bail, and on any special conditions of bail, which the court deems appropriate and proportionate in the circumstances")
 
     Page 9, line 35, leave out ("remanding") and insert ("granting")  
     Page 9, line 36, leave out ("on")  
     Page 9, line 46, at end insert ("or who is on remand in relation to proceedings before a national court")  
   
Clause 18
 
   
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
     Page 10, line 45, after ("ICC,") insert--
    ("(  )  the person applying for bail shall be notified of the recommendations of the ICC and given an opportunity to address the court in respect of these recommendations")
 
     Page 11, line 11, at end insert (", and
    (c)  the right of the subject to bail unless a refusal of the same is justified on clear and convincing evidence")
 
 
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