International Criminal Court Act 2001

International Criminal Court Act 2001

2001 CHAPTER 17

Commentary on Sections

Part 3: Other Forms of Assistance

Sections 37 and 38: Assistance in investigating the proceeds of ICC crime

68. Article 93.1(k) specifies that the ICC may request assistance in

• the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.

69. Sections 37 and 38 together make provision for such requests to be carried out. Section 37 provides that, where the ICC requests assistance in ascertaining whether a person has benefited from an ICC crime or in identifying property derived from an ICC crime, the Secretary of State may direct a constable to apply for an order or warrant under Schedule 5. Section 38 provides that, where the ICC requests assistance in the freezing or seizure of property for possible forfeiture, the Secretary of State may direct a person to apply for a freezing order in accordance with the provisions of Schedule 6. (Notes on Schedules 5 and 6 can be found in paragraphs 143-152 below.)