- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to War Crimes Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Subject to the provisions of this section, proceedings for murder, manslaughter or culpable homicide may be brought against a person in the United Kingdom irrespective of his nationality at the time of the alleged offence if that offence—
(a)was committed during the period beginning with 1st September 1939 and ending with 5th June 1945 in a place which at the time was part of Germany or under German occupation; and
(b)constituted a violation of the laws and customs of war.
(2)No proceedings shall by virtue of this section be brought against any person unless he was on 8th March 1990, or has subsequently become, a British citizen or resident in the United Kingdom, the Isle of Man or any of the Channel Islands.
(3)No proceedings shall by virtue of this section be brought in England and Wales or in Northern Ireland except by or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
[F1(4)The Schedule to this Act provides a procedure for use instead of committal proceedings where a person is charged in [F2England, Wales or] Northern Ireland with an offence to which this section applies.]
There shall be paid out of money provided by Parliament—
(a)such sums as the Secretary of State may with the consent of the Treasury determine in respect of expenditure by the [F3Metropolitan Police Authority] on the investigation by officers of the Metropolitan Police (with or without other officers) of offences to which section 1 above applies; and
(b)any increase attributable to this Act in the sums payable out of such money under any other Act.
(1)This Act may be cited as the War Crimes Act 1991.
[F4(2)In section 20(4) of the M1Legal Aid Act 1988 (power of magistrates’ court to grant legal aid for Crown Court proceedings) the word “or” at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted—
“(bb)which has been given a notice of transfer under Part I of the Schedule to the War Crimes Act 1991, or”.]
(d)where a notice of transfer is given under Part II of the Schedule to the War Crimes Act 1991, by the magistrates’ court before which the person to whom the notice relates is brought.”]
(4)Section 1(4) above and the Schedule to this Act shall not come into force until a day appointed by the Secretary of State by an order made by statutory instrument.
(5)This Act extends to Northern Ireland.
(6)Her Majesty may by Order in Council direct that the provisions of this Act shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to the Isle of Man, any of the Channel Islands or any colony.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: