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International Criminal Court Act 2001

Schedule 7: Domestic Provisions Not Applicable to Icc Prisoners

Paragraph 1: Introduction

153.Paragraph 1 sets out the purpose of Schedule 7. The ICC will be responsible for sentencing ICC prisoners. The Statute makes clear that the ICC will determine the sentence after taking into account factors such as time spent in custody on remand and whether multiple offences had been committed. Under Article 110.2 the ICC alone has the right to decide any reduction in the sentence it imposes and Article 105 states that an ICC sentence of imprisonment shall be binding on the States Parties who shall in no case modify it. The provisions in this Schedule therefore disapply those provisions of England and Wales and Northern Ireland law which might otherwise interfere with the power of the ICC to be the body solely responsible for determining the length of detention of the ICC prisoner.

Paragraph 2: Provisions affecting length of sentence

154.Sub-paragraph (1) disapplies provisions in England and Wales in relation to: the meaning of ‘month’; deduction from time served of time unlawfully at large; discharge at a weekend or on a holiday; and crediting of periods during which the prisoner is remanded in custody. All these matters would be considered by the ICC itself when sentencing or when making rulings on reductions to the original sentence.

155.For the same reason, sub-paragraph (2) disapplies provisions in Northern Ireland in relation to: remission; discharge at a weekend or holiday; deduction from time served of time whilst the prisoner is unlawfully at large; and deduction from sentence of time served in custody.

Paragraph 3: Provisions relating to early release or release on licence

156.Sub-paragraph (1) disapplies those provisions in England and Wales which allow prisoners to be released: early; on grounds of ill health; temporarily on licence; or on life licence. Sub-paragraph (2) disapplies the equivalent provisions in Northern Ireland. The ICC would be responsible for the date of release and there is no provision in the Statute permitting a State Party to release an ICC prisoner early or temporarily.

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