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

back to previous amendments
 
  
Clause 16
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
65     Page 9, line 30, at beginning insert ("in England and Wales,") 
66     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")
 
67     Page 9, line 35, leave out ("remanding") and insert ("granting") 
68     Page 9, line 36, leave out ("on") 
69     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
 
70     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")
 
71     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")
 
  
Clause 22
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
72     Page 12, line 21, leave out ("without delay") and insert ("within a period of 48 hours") 
  
Clause 23
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD ARCHER OF SANDWELL
THE LORD GOLDSMITH
 
73     Page 13, line 9, leave out subsection (4) 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
74     Page 13, line 12, at end insert--
 
    ("(4A)  The power conferred by section 1 of the United Nations Act 1946 (power to give effect by Order in Council to measures not involving the use of armed force) includes power to make in relation to any proceedings such provision corresponding to the provision made by this section in relation to the proceedings, but with the omission--
    (a)  in subsection (1), of the words "by reason of a connection with a state party to the ICC Statute", and
    (b)  of subsections (2) and (3),
as appears to Her Majesty to be necessary or expedient in consequence of such a referral as is mentioned in article 13(b) (referral by the United Nations Security Council).")
 
  
Schedule 2
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
75     Page 43, line 35, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (4)  The Scottish Ministers may direct that the criminal proceedings shall be discontinued.
 
    (5)  Where the Scottish Ministers direct that the 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).
    (6)  The discontinuance of criminal proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
76     Page 46, line 6, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (4)  The Scottish Ministers may direct that the extradition proceedings shall be discontinued.
 
    (5)  Where the Scottish Ministers direct that the 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 extradition of the person concerned).
    (6)  The discontinuance of extradition proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
77     Page 47, line 18, at end insert ("and shall advise the Scottish Ministers of the result of such consultation.
 
    (5)  The Scottish Ministers may direct that the delivery proceedings shall be discontinued.
 
    (6)  Where the Scottish Ministers direct that the 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 to be executed (including any necessary order as to the delivery of the person concerned).
    (7)  The discontinuance of delivery proceedings under this paragraph in respect of an offence does not prevent the institution of fresh proceedings in respect of the offence.")
 
  
Clause 26
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
78     Page 14, line 13, leave out ("Senior District") insert ("Circuit") 
79     Page 14, line 14, leave out ("District") insert ("Circuit") 
80     Page 14, line 16, leave out ("the Sheriff of Lothian and Borders")") and insert ("in Scotland, a sheriff") 
81     Page 14, line 18, at end insert--
    (""incapable" means incapable of--
 
 
      (a)  acting;
      (b)  making decisions;
      (c)  communicating decisions;
      (d)  understanding decisions; or
      (e)  retaining the memory of decisions,
by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack of deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise)")
 
  
After Clause 26
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
82     Insert the following new Clause-- 
     ("  .  Nothing in the ICC Statute shall affect the responsibility of the Government to maintain or re-establish law and order in the State, or to defend the unity and territorial integrity of the State, by all legitimate means at its disposal.")Government responsibility to maintain law and order.
  
Schedule 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
83     Page 48, line 11, at end insert--
 
    ("  .  Any waiver of rights under paragraph 2 above shall be documented in writing by that person and witnessed by an independent person.")
 
  
Before Clause 29
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
84*     Insert the following new Clause-- 
     ("  .  Schedule (Rights of persons delivered up to the ICC) shall have effect.")Rights of persons delivered up to the ICC.
  
After Schedule 3
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
85*     Insert the following new Schedule-- 
 ("SCHEDULE 
 RIGHTS OF PERSONS DELIVERED UP TO THE ICC 
     1.  All persons delivered up to the ICC under this Act shall be entitled to all the rights protections and privileges which would be afforded to them by English law if they were facing a trial on indictment in England and Wales.
 
    2.  No person shall be delivered up to the ICC whether under this Act or otherwise or be subject to any of its powers whether set out in this Act or otherwise, in the absence of a written notice served in each specific case by the ICC at the time of arrest or detention of such a person which guarantees the provision of such rights protections and privileges.
 
    3.  The said rights protections and privileges in paragraph 2 shall include but not be limited to the following--
    (a)  the presumption of innocence until proven guilty;
    (b)  a public trial unless the defendant consents to a trial in secret;
    (c)  the right to confront and cross-examine witness;
    (d)  conduct of proceedings in the defendant's first language;
    (e)  representation by counsel of the defendant's choice at the public expense;
    (f)  the right to remain silent without the drawing of adverse inferences from such silence;
    (g)  all proceedings whether by jury or otherwise to be conducted in the first language of the accused, or with provision by the ICC to the defence and accused of appropriate and competent interpretation; and
    (h)  a party who has been acquitted of an offence may not be retried for the same offence, or an offence based on the same or similar facts.")
 
  
Clause 29
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
86     Page 15, line 26, at end insert ("or under the criminal law applicable in the state of which he is a national") 
87     Page 15, line 30, leave out subsection (6) 
  
Clause 30
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
88*     Page 15, line 37, leave out ("sensitive") 
89*     Page 15, line 37, at end insert ("which is deemed to prejudice the taking of evidence by the ICC from witnesses, victims or alleged accused,") 
  
Clause 32
 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
90     Page 16, line 24, at end insert--
 
    ("(1A)  Where the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.")
 
91     Page 16, line 25, leave out ("Secretary of State") and insert ("relevant Minister") 
92     Page 16, line 27, leave out ("Secretary of State") and insert ("relevant Minister") 
93     Page 16, line 38, at end insert--
    ("(  ) a person serving a sentence in a prison, or in a young offenders institution, to which the Prisons (Scotland) Act 1989 applies,")
 
94     Page 16, leave out lines 41 and 42 and insert--
    ("(ba)  a person detained in custody otherwise than in pursuance of a sentence, including in particular--
          (i)  a person in custody awaiting trial or sentence,
          (ii)  a person committed to prison for contempt or for default in paying a fine,
          (iii)  a person in custody in connection with proceedings to which Part II or III of Schedule 2 applies (extradition or other delivery proceedings),
          (iv)  a person detained under any provision of the Immigration Act 1971.
    (5A)  For the purposes of the Immigration Acts (within the meaning of the Immigration and Asylum Act 1999) a person detained under any provision of the Immigration Act 1971 is not to be regarded as having left the United Kingdom at any time when a transfer warrant is in force in respect of him (including any time when he is in the custody of the ICC).")
 
95     Page 16, line 42, at end insert--
 
    ("(6)  In this section, "the relevant Minister" means--
    (a)  in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State;
    (b)  in relation to a person detained in Scotland, the Scottish Ministers.")
 
  
Schedule 5
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
96     Page 51, line 37, leave out paragraph 5 and insert--
 
    ("5.--(1)  A person affected by the making of an order under this Part of this Schedule shall be entitled to apply on 24 hours' notice in writing for the discharge of the same.
 
    (2)  The application shall be heard by a judge, other than the judge who made the order, without notice.
 
    (3)  An appeal against the refusal to discharge shall lie without leave to the Court of Appeal (Criminal Division).")
 
  
Schedule 6
 
  
BY THE LORD HOWELL OF GUILDFORD
THE EARL ATTLEE
THE LORD KINGSLAND
 
97     Page 55, line 43, leave out from beginning to end of line 24 on page 57 
98*     Page 55, line 44, leave out paragraph 9 
  
BY THE BARONESS SCOTLAND OF ASTHAL
 
99     Page 55, line 45, after ("order") insert (", or an order having the like effect in Scotland,") 
100     Page 56, line 35, after ("order") insert (", or an order having the like effect in Scotland,") 
101     Page 57, line 30, after ("order") insert (", or an order having the like effect in Scotland,") 
102     Page 58, line 16, after ("order") insert (", or an order having the like effect in Scotland,") 
 
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Prepared 7 February 2001