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International Criminal Court Act 2001

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.

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