The International Criminal Court Act 2001 (Overseas Territories) Order 2009

SCHEDULE 9 OFFENCES AGAINST THE ICC: ARTICLE 70

ARTICLE 70 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

1.  The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1 to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

(2) (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

NOTE: Article 69.1, referred to in article 70.1(a), provides as follows:

“1.   Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness”.

Article 2(1)

ANNEX 2 TERRITORIES TO WHICH THIS ORDER EXTENDS

Anguilla

Bermuda

Cayman Islands

Falkland Islands

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Helena and its Dependencies

Sovereign Base Areas of Akrotiri and Dhekelia

Turks and Caicos Islands

Virgin Islands

Article 2(2)

ANNEX 3 FURTHER EXCEPTIONS, ADAPTIONS AND MODIFICATIONS TO INTERNATIONAL CRIMINAL COURT ACT 2001 IN RESPECT OF CERTAIN TERRITORIES

(A) ANGUILLA

1.  In the application of sections (3) and 13(3) in Anguilla, the reference to “the rule-making authority” in relation to the definition of “prescribed form” shall be replaced by a reference to “the Governor”.

2.  In the application of sections 7(5)(a) and 13(5)(a) in Anguilla, the reference to “prison governor” shall be deleted and replaced with “Superintendent of Prisons”.

3.  In the application of section 26 in Anguilla, the reference to “competent court” shall be read to refer to the Magistrates Court.

4.  In the application of section 76(1) in Anguilla, the words “which is registered in the Territory or” shall be omitted.

(B) CAYMAN ISLANDS

5.  In the application of sections 7(3) and 13(3) in the Cayman Islands, the reference to “the rule-making authority” in relation to the definition of “prescribed form” shall be replaced by a reference to “the Governor”.

6.  In the application of sections 7(5)(a) and 13(5)(a) in the Cayman Islands, the reference to “prison governor” shall be deleted and replaced with “Director of Prisons”

7.  In the application of section 26 in the Cayman Islands, the reference to “competent court” shall be read to refer to a court of summary jurisdiction.

8.  In the application of section 76(1) in the Cayman Islands, the words “which is registered in the Territory or” shall be omitted.

(C) FALKLAND ISLANDS

9.  In the application of sections 25(2) and 27(2) in the Falkland Islands, the reference to “facsimile transmission” shall also be read to include scanned and emailed documents, and the references to “originals of documents so transmitted” shall also be read to refer to the facsimile copy of the endorsed warrant which may serve as the original endorsed warrant within the Territory.

10.  In the application of sections 7(5)(a) and 13(5)(a) in the Falkland Islands, the reference to “prison governor” shall be deleted and replaced with “the officer in charge of the prison”.

(D) MONTSERRAT

11.  In the application of sections 7(5)(a) and 13(5)(a) in Montserrat, the reference to “prison governor” shall be deleted and replaced with “Superintendent of Prisons”.

12.  In the application of section 26 in Montserrat, the reference to “competent court” shall be read to refer to the Magistrates Court.

13.  Notwithstanding the provisions to the contrary in any other law in force in Montserrat, in the application of sections 25(2) and 27(2) in Montserrat, the reference to “facsimile transmission” shall also be read to include scanned and emailed documents, and the references to “originals of documents so transmitted” shall also be read to refer to the facsimile copy of the endorsed warrant which may serve as the original endorsed warrant within the Territory.

(E) PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

14.  In the application of section 9(3) in Pitcairn, Henderson, Ducie and Oeno Islands, the “normal appellate process” shall be deemed to include a right for the Governor to appeal to the Pitcairn Court of Appeal against any decision of the Supreme Court that dismisses an appeal from the refusal of a delivery order by a competent court. Such appeal shall be brought by notice in writing lodged with the Court of Appeal in such manner as may be directed by rules of Court (or if there are no such rules then in a form approved by the Registrar) within 28 days of delivery of the decision appealed against.

15.  In the application of sections 25(2) and 27(2) in Pitcairn, Henderson, Ducie and Oeno Islands, the reference to “facsimile transmission” shall also be read to include scanned and emailed documents, and the references to “originals of documents so transmitted” shall also be read to refer to the facsimile copy of the endorsed warrant which may serve as the original endorsed warrant within the Territory.

(F) ST. HELENA AND DEPENDENCIES

16.  In the application of sections 7(5)(a) and 13(5)(a) in St. Helena and Dependencies, the reference to “prison governor” shall be deleted and replaced with “Superintendent of Gaols”.

(G) SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA

17.  In the application of section 6(2)(a) in the Sovereign Base Arreas of Akrotiri and Dhekelia the reference to “summary trial of an information against that person” shall be deleted and replaced with the following: “being tried before the Judge’s court”.

18.  In the application of sections 7(5)(a) and 13(5)(a) in the Sovereign Base Areas of Akrotiri and Dhekelia, the reference to “prison governor” shall be deleted and replaced with “Superintendent of Prisons”.

19.  In the application of section 53(2) in the Sovereign Base Areas of Akrotiri and Dhekelia, the reference to “triable only on indictment” shall be deleted and replaced with the following: “triable only on information before the Senior Judge’s court”.

20.  In the application of paragraph 7 of Schedule 2 in the Sovereign Base Ares of Akrotiri and Dhekelia, the reference to a court shall, notwithstanding the final sentence of that paragraph, be read as applying to every court of the Sovereign Base Areas.