International Criminal Court (Scotland) Act 2001

1. Introductory Text

2. Part 1 Offences

   1. Offences

      1. 1. Genocide, crimes against humanity and war crimes

      2. 2. Conduct ancillary to genocide etc.

      3. 3. Trial and punishment of main offences

      4. 4. Offences in relation to the ICC

      5. 5. Responsibility of military commanders and other superiors

      6. 6. Proceedings against persons becoming resident in the United Kingdom

   2. Supplementary provisions

      1. 7. Meaning of “ancillary offence”

      2. 8. Mental element

      3. 9. Application of principles of the law of Scotland, construction etc.

      4. 10. Amendment of Criminal Procedure (Scotland) Act 1995

3. Part 2 Assistance

   1. Introduction

      1. 11. Provision of assistance to the ICC

   2. Forms of assistance

      1. 12. Questioning

      2. 13. Taking or production of evidence

      3. 14. Taking or production of evidence: further provisions

      4. 15. Service of process

      5. 16. Entry, search and seizure

      6. 17. Taking of fingerprints etc.

      7. 18. Provision of records and documents

      8. 19. Investigation of proceeds of ICC crime

      9. 20. Freezing orders in respect of property liable to forfeiture

   3. Supplementary provisions

      1. 21. Verification of material

      2. 22. Transmission of material to the ICC

4. Part 3 Enforcement of sentences and orders

   1. Sentences of imprisonment

      1. 23. Detention in Scotland of certain prisoners

      2. 24. Limited disapplication of certain provisions relating to sentences

      3. 25. Amendment of Mental Health (Scotland) Act 1984

   2. Orders

      1. 26. Power to make provision for enforcement of orders

5. Part 4 General

   1. 27. Supplementary provisions relating to the ICC

   2. 28. Interpretation

   3. 29. Crown application

   4. 30. Short title and commencement

6. 1. SCHEDULE 1

      Genocide, crimes against humanity and war crimes: articles 6 to 9

      1. Article 6 Genocide

      2. Article 7 Crimes against humanity

         1. 1. For the purpose of this Statute, “crime against humanity” means...

         2. 2. For the purpose of paragraph 1— “Attack directed against any...

         3. 3. For the purpose of this Statute, it is understood that...

      3. Article 8 War crimes

         1. 2. For the purpose of this Statute, “war crimes” means—

      4. Article 9 Elements of crimes

         1. 1. Elements of Crimes shall assist the Court in the interpretation...

         2. 2. Amendments to the Elements of Crimes may be proposed by—...

         3. 3. The Elements of Crimes and amendments thereto shall be consistent...

   2. SCHEDULE 2

      Offences against the administration of justice: article 70

      1. Article 70 Offences against the administration of justice

         1. 1. The Court shall have jurisdiction over the following offences against...

         2. 4. (a) Each State Party shall extend its criminal laws penalizing...

   3. SCHEDULE 3

      Rights of persons during an investigation: article 55

      1. Article 55 Rights of persons during an investigation

         1. 1. In respect of an investigation under this Statute, a person—...

         2. 2. Where there are grounds to believe that a person has...

   4. SCHEDULE 4

      Taking of fingerprints etc.

      1. 1. Nomination of court to supervise taking of evidence

      2. 2. Order to provide evidence

      3. 3. Requirement to attend and provide evidence

      4. 4. Consent to taking of evidence

      5. 5. Taking of evidence without consent

      6. 6. Record of certain matters to be made

      7. 7. Destruction of prints and samples

   5. SCHEDULE 5

      Investigation of proceeds of ICC crime

      1. Part 1 Production or access orders

         1. 1. Application for order

         2. 2. Grounds for making order

         3. 3. Production or access orders: standard orders

         4. 4. Production or access orders: special orders

         5. 5. Supplementary provision in relation to orders

         6. 6. Effect of order

         7. 7. Order in relation to material in possession of government department

      2. Part 2 Search warrants

         1. 8. Application for warrant

         2. 9. Effect of warrant

         3. 10. Grounds for issue of warrant

      3. Part 3 Interpretation

         1. 11. In this schedule, “items subject to legal privilege” and “premises”...

   6. SCHEDULE 6

      Freezing orders in respect of property liable to forfeiture

      1. 1. Application for freezing order

      2. 2. Grounds for making order

      3. 3. Effect of order

      4. 4. Variation or discharge of order

      5. 5. Power to appoint receiver

      6. 6. Inhibition of property affected by freezing order

      7. 7. Seizure to prevent removal from Scotland

      8. 8. Sequestration

      9. 9. Winding up

      10. 10. Property subject to floating charge

      11. 11. Protection of insolvency practitioners

      12. 12. Interpretation