The United Nations (International Tribunal) (Former Yugoslavia) Order 1996

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“appropriate judicial officer” means—

(a) the chief metropolitan stipendiary magistrate,

(b) a metropolitan stipendiary magistrate designated for the purposes of this Order by the Lord Chancellor, or

(c) the Sheriff of Lothian and Borders;

“competent court” means a court consisting of an appropriate judicial officer;

“delivery order” means—

(a)

an order for delivery up made under article 6 or under that article as applied by article 5, including one made following an application under article 7 or 8,

(b)

an order for delivery up made under article 9(4) or article 10(5);

“the International Tribunal” means—

(a)

the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827(1993) of the Security Council of the United Nations,

(b)

any of the organs of that Tribunal referred to in Article 11 of the Statute;

“International Tribunal crime” means a crime in respect of which the International Tribunal has jurisdiction under the Statute;

“national court” means a court in the United Kingdom or a service court;

“prisoner” means—

(a)

a person serving a sentence in a prison or other institution to which the Prison Act 1952(1), the Prisons (Scotland) Act 1989(2) or the Prison Act (Northern Ireland) 1953(3) applies, or

(b)

a person serving a sentence of detention or imprisonment imposed by a service court;

“the Prosecutor” means the Prosecutor responsible under the Statute for the investigation and prosecution of persons in accordance with the Statute and the Rules;

“the Registrar” means the Registrar appointed under the Statute by the Secretary-General of the United Nations;

“the Rules” means the rules of procedure and evidence of the International Tribunal;

“service court” means—

(a)

a court martial constituted under the Army Act 1955(4), the Air Force Act 1955(5) or the Naval Discipline Act 1957(6), or

(b)

a disciplinary court constituted under section 50 of the Naval Discipline Act 1957,

whether the court is held within the United Kingdom or elsewhere;

“the Statute” means the Statute of the International Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to this Order;

“transfer warrant” means a warrant issued under article 10(2).

(2) A reference in this Order to a part of the United Kingdom is a reference to England and Wales, to Scotland or to Northern Ireland.

(3) A reference in this Order to arrangements by the Secretary of State with the Registrar or with another state is a reference to arrangements of a general nature or to arrangements relating to a particular case or group of cases.

(4) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article which bears that number in this Order, and any reference to a numbered paragraph in an article of this Order is a reference to the paragraph bearing that number in that article.

(1)

1952 c. 52.

(2)

1989 c. 45.

(3)

1953 c. 18 (N.I.).

(4)

1955 c. 18.

(5)

1955 c. 19.

(6)

1957 c. 53.