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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 the Marshalled List of Amendments to the International Criminal Court Bill [H.L.] to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the Instruction of 6th February, as follows-- 
 Clauses 1 to 24
Schedule 2
Clauses 25 to 28
Schedule 3
Clauses 29 to 34
Schedule 4
Clauses 35 to 37
Schedule 5
Clause 38
Schedule 6
Clauses 39 to 42
Schedule 7
Clauses 43 to 50
Schedule 8
Clauses 51 to 54
Schedule 9
Clauses 55 to 82
Schedule 10
Schedule 1
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
1     Insert the following new Clause-- 
     ("  .--(1)  This Act shall have effect subject to reservation on ratification of the ICC Statute by Her Majesty's Government that Article 8 do make provision to proscribe any form of slavery, the threat of such, or other humiliating and degrading treatment of Prisoners of War, and the selection and use of Prisoners of War as hostages.
 
    (2)  The form of such provision shall be as agreed by a two-thirds majority of members of the Assembly of State Parties.")
Reservation on treatment of Prisoners of War.
  
Clause 2
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
2     Page 1, line 23, leave out ("shall") and insert ("may") 
  
BY THE LORD HYLTON
 
3*     Page 1, line 24, at end insert--
 
    ("(1A)  The Secretary of State shall not transmit a request under subsection (1) if 40 years or more have elapsed since the date of the alleged offence.")
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
4*     Page 2, line 7, leave out ("shall") and insert ("may") 
5     Page 2, line 11, after ("demonstrate") insert ("beyond reasonable doubt") 
6*     Page 2, line 16, leave out ("shall") and insert ("may") 
7     Page 2, line 19, at end insert--
 
    ("(6)  Any request or requests, referred to in the ICC Statute and in subsection (1) above, shall be in the English language.
 
    (7)  Any request, referred to in the ICC Statute and in subsection (2) above, shall be delivered to the Home Office and a second copy shall be delivered to the Attorney General.")
 
  
Clause 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
8     Page 2, line 25, leave out ("shall") and insert ("may") 
9     Page 2, line 33, leave out ("shall") and insert ("may") 
10     Page 2, line 38, leave out ("instruct") and insert ("request") 
11     Page 2, line 40, leave out from beginning to ("shall") in line 41 
12     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")
 
13*     Page 2, line 41, leave out ("shall") and insert ("may") 
  
Clause 4
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
14     Page 3, line 2, after ("court") insert ("or courts-martial in the case of service personnel") 
15     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") 
16     Page 3, line 5, after ("him") insert ("on bail without conditions") 
17     Page 3, line 7, leave out subsection (4) 
18     Page 3, line 13, at end insert--
 
    ("(  )  Any Order in Council made under paragraph 3 of Schedule 1 shall provide that--
    (a)  a person shall be brought before a competent court in not less than 24 hours of arrest or as soon as is reasonably practicable, but in any event such period must not extend beyond 36 hours; and
    (b)  a person shall not be remanded for a period of more than 7 days without his consent.")
 
19     Page 3, line 23, leave out ("(including any extension of that period)") 
20*     Page 3, line 25, leave out subsection (7) and insert--
        ("(7)  Where a person has been discharged under this section, he shall not be arrested under a subsequent section 2 warrant unless the court is satisfied that such an arrest is not oppressive.")
 
  
Clause 5
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
21     Page 3, line 28, after ("court") insert (", or courts-martial in the case of service personnel,") 
22     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") 
23     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") 
24     Page 3, line 35, at end insert (", and
    (c)  that there is a prima facie case, on the evidence to be heard,")
 
25     Page 3, line 36, leave out ("shall") and insert ("may") 
26     Page 3, line 43, leave out ("may") and insert ("shall") 
27*     Page 3, line 43, after ("may") insert ("discharge the person arrested, or if it does not do so shall") 
28     Page 3, line 45, at end insert ("and grant the subject of the warrant unconditional bail pending the resolution of such challenge") 
29*     Page 3, line 45, at end insert--
 
    ("(  )  Where the United Kingdom appears to have jurisdiction over the case, and the case is being investigated or prosecuted by an investigating or prosecuting authority of the United Kingdom, or where such an authority has investigated the case and decided not to prosecute the person concerned, no delivery order shall be made.")
 
30     Page 4, line 1, leave out subsections (5) and (6) 
31     Page 4, line 4, leave out paragraph (b) 
32*     Page 4, line 5, leave out ("whether") and insert ("that") 
33     Page 4, line 10, after ("rights") insert ("as defined in this Act") 
34*     Page 4, line 10, at end insert (", or
    (c)  that there is reason to believe that the person would not receive a fair trial in accordance with principles of United Kingdom law,")
 
35     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
 
36     Page 4, line 37, leave out paragraph (b) 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
 
37     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") 
38     Page 5, line 3, after ("person") insert ("so") 
39     Page 5, line 3, leave out ("on his behalf") 
40     Page 5, line 21, after ("bail") insert ("in England and Wales") 
41     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")
 
42     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
 
43*     Page 5, line 27, leave out ("shall") and insert ("may") 
44     Page 5, line 28, leave out paragraph (a) and insert--
    ("(a)  discharge the person arrested forthwith, and")
 
45     Page 5, line 32, leave out subsections (2) and (3) 
46     Page 5, line 32, leave out ("without delay") and insert ("within 48 hours of the refusal of the delivery order") 
47*     Page 5, line 32, after ("informed") insert ("within 24 hours of its decision") 
48*     Page 5, line 33, after ("10,") insert ("the court may order that") 
  
Clause 9
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
49     Page 5, line 38, at end insert ("or the person subject to the order") 
50     Page 6, line 5, at end insert ("or the person subject to the order") 
  
Clause 11
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD AVEBURY
 
51     Page 7, line 13, leave out ("ordinary language") and insert ("a language he fully understands and speaks") 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
52     Page 7, line 13, leave out ("ordinary") and insert ("a") 
53     Page 7, line 13, leave out ("ordinary") and insert ("his own") 
54     Page 7, line 13, after ("language") insert ("(which he understands)") 
  
Clause 12
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
55     Page 7, line 22, leave out ("15") and insert ("21") 
  
BY THE LORD LESTER OF HERNE HILL
 
56     Page 7, line 27, after ("corpus") insert ("or for judicial review") 
57     Page 7, line 35, after ("corpus") insert ("or for judicial review") 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
58*     Page 7, line 38, after ("5(2)") insert ("or is otherwise satisfied that the rights of the applicant for habeas corpus have not been upheld") 
  
BY THE LORD LESTER OF HERNE HILL
 
59     Page 7, line 43, after ("corpus") insert ("or for judicial review") 
60     Page 7, line 44, at end insert ("or a petition for judicial review") 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
61*     Page 7, line 44, at end insert--
 
    ("(  )  The Secretary of State shall not give directions for the execution of a delivery order where it does not appear to him to be in the public interest to do so.")
 
  
Clause 13
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
62     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") 
63     Page 8, line 23, after ("bail") insert ("in England and Wales") 
64     Page 8, line 24, at end insert ("or in Scotland, to the procurator fiscal and sheriff clerk of the competent court") 
 
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Prepared 7 February 2001