331.Paragraph 3 arises as a consequence of a new draft agreement between the UK and the International Criminal Court (ICC). The agreement will allow the UK to enforce sentences of imprisonment imposed by the ICC and will mean that ICC prisoners can be transferred to prisons in the UK to serve their sentences.
332.The agreement will also require the consent of the Presidency of the ICC if such a person’s extradition is then requested from the UK to another state. In Part 1 of the 2003 Act, section 11 is amended and a new section 19A is added; in Part 2, section 93 is amended and a new section 96A is added, such that extradition is barred without the consent of the Presidency of the ICC.