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Part 2 E+W+N.I.Criminal offences

Chapter 3E+W+N.I.Other offences

70Genocide, crimes against humanity and war crimesE+W

(1)The International Criminal Court Act 2001 (c. 17) is amended as follows.

(2)In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—

(7)Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).

(3)After section 65 insert—

65ARetrospective application of certain offences

(1)Sections 51 and 58 apply to acts committed on or after 1 January 1991.

(2)But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.

(3)Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.

(4)Section 59 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of Northern Ireland but for this section.

(5)Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—

(a)applies to conduct in which a person engaged on or after 1 January 1991, and

(b)applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(6)But sections 52 and 59, and any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence, do not apply to—

(a)conduct in which the person engaged before 1 September 2001, or

(b)conduct in which the person engaged on or after that date which was ancillary to an act or conduct which—

(i)was committed or engaged in before that date, and

(ii)would not constitute a relevant Part 5 offence, or fall within section 52(2) or 59(2), but for this section,

unless, at the time the person engaged in the conduct, it amounted in the circumstances to a criminal offence under international law.

(7)Section 65, so far as it has effect in relation to relevant Part 5 offences—

(a)applies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, and

(b)applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(8)But section 65, so far as it has effect in relation to relevant Part 5 offences, does not apply to a failure to exercise control of the kind mentioned in section 65(2) or (3) which occurred before 1 September 2001 unless, at the time the failure occurred, it amounted in the circumstances to a criminal offence under international law.

(9)In this section “relevant Part 5 offence” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.

65BModification of penalties: provision supplemental to section 65A

(1)In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”.

(2)In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967.

(3)In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”.

(4)In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967.

(5)In this section—

(4)After section 67 insert—

67ASupplemental provision about UK residents

(1)To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom—

(a)an individual who has indefinite leave to remain in the United Kingdom;

(b)any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom;

(c)an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom;

(d)an individual who has made an asylum claim, or a human rights claim, which has been granted;

(e)any other individual who has made an asylum claim or human rights claim (whether or not the claim has been determined) and who is in the United Kingdom;

(f)an individual named in an application for indefinite leave to remain, an asylum claim or a human rights claim as a dependant of the individual making the application or claim if—

(i)the application or claim has been granted, or

(ii)the named individual is in the United Kingdom (whether or not the application or claim has been determined);

(g)an individual who would be liable to removal or deportation from the United Kingdom but cannot be removed or deported because of section 6 of the Human Rights Act 1998 or for practical reasons;

(h)an individual—

(i)against whom a decision to make a deportation order under section 5(1) of the Immigration Act 1971 by virtue of section 3(5)(a) of that Act (deportation conducive to the public good) has been made,

(ii)who has appealed against the decision to make the order (whether or not the appeal has been determined), and

(iii)who is in the United Kingdom;

(i)an individual who is an illegal entrant within the meaning of section 33(1) of the Immigration Act 1971 or who is liable to removal under section 10 of the Immigration and Asylum Act 1999;

(j)an individual who is detained in lawful custody in the United Kingdom.

(2)When determining for the purposes of this Part whether any other individual is resident in the United Kingdom regard is to be had to all relevant considerations including—

(a)the periods during which the individual has been or intends to be in the United Kingdom,

(b)the purposes for which the individual is, has been or intends to be in the United Kingdom,

(c)whether the individual has family or other connections to the United Kingdom and the nature of those connections, and

(d)whether the individual has an interest in residential property located in the United Kingdom.

(3)In this section—

and a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.

(4)This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).

Annotations:

Commencement Information

I1S. 70 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 3

F171Slavery, servitude and forced or compulsory labourE+W+N.I.

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72ConspiracyE+W

(1)In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit offences outside the United Kingdom)—

(a)in the title and in subsection (2), for “the United Kingdom” substitute “ England and Wales ”, and

(b)for subsection (14) substitute—

(14)Nothing in this section applies to an agreement entered into before 4 September 1998.

(15)In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted “ the United Kingdom ”.

(16)Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

(2)In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the United Kingdom)—

(a)in the title and in paragraph (2), for “the United Kingdom” substitute “ Northern Ireland ”, and

(b)for paragraph (14) substitute—

(14)Nothing in this Article applies to an agreement entered into before 4 September 1998.

(15)In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(2) of the Coroners and Justice Act 2009, this Article applies as if in paragraph (2) for “Northern Ireland” there were substituted “ the United Kingdom ”.

(16)Nothing in this Article imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

Annotations:

Commencement Information

I2S. 72 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 5

73Abolition of common law libel offences etcE+W+N.I.

The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—

(a)the offences of sedition and seditious libel;

(b)the offence of defamatory libel;

(c)the offence of obscene libel.