The International Criminal Court Act 2001 (Jersey) Order 2014

Article 2

SCHEDULE MODIFICATIONS OF CERTAIN PROVISIONS OF THE 2001 ACT IN THEIR EXTENSION TO THE BAILIWICK OF JERSEY

1.  In section 44 (Transfer to another part of the United Kingdom: transfer of ICC sentence)—

(a) in the heading omit the words “another part of”;

(b) in subsections (1) and (3), for the words “relevant Minister” substitute “Secretary of State”;

(c) in subsection (1), for the words “to another part of the United Kingdom” substitute “from Jersey to any part of the United Kingdom”;

(d) for subsection (2) substitute—

“(2) No such order shall be made without the agreement of the Minister for Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers.”; and

(e) omit subsections (4), (5) and (6).

2.  In section 45 (Transfer to another part of the United Kingdom: transfer for temporary purposes)—

(a) in the heading omit the words “another part of”;

(b) in subsections (1), (2) and (4), for the words “relevant Minister” substitute “Secretary of State”;

(c) in subsection (1)(a) and (b), for the words “another” substitute “any”;

(d) for subsection (3) substitute—

“(3) No such order shall be made without the agreement of the Minister for Home Affairs; and no such order shall be made for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers.”; and

(e) omit subsections (5) and (6).

3.  In section 70 (Offences under section 1 of the Geneva Conventions Act 1957)—

(a) in subsection (1)(a), omit the words “on indictment”;

(b) in subsection (2), in the inserted section 1A (Trial and punishment of offences under s. 1)—

(i) in subsection (2), for the words “is triable only on indictment” substitute “shall be tried before the Royal Court”;

(ii) in subsection (3), omit “—” and substitute “except by or with the consent of Her Majesty’s Attorney General for Jersey” and omit paragraphs (a) and (b);

(iii) omit subsection (4); and

(iv) in subsection (5), for the words “the part of the United Kingdom in which the proceedings are brought” substitute “Jersey”; and

(c) in subsection (3), for the words “commencement of this section” substitute “extension of this section to Jersey”.

4.  In Schedule 10, in paragraph (a) of the second column omit the words “on indictment”.