International Criminal Court (Scotland) Act 2001 Explanatory Notes

1. Introduction

2. The Act

   1. Background

      1. Part 1 - Offences

         1. Section 1 – Genocide, crimes against humanity and war crimes

         2. Section 2 – Conduct ancillary to genocide etc.

         3. Section 3 – Trial and punishment of main offences

         4. Section 4 – Offences in relation to the ICC

         5. Section 5 – Responsibility of military commanders and other superiors

         6. Section 6 – Proceedings against persons becoming resident in the United Kingdom

         7. Section 7 – Meaning of “ancillary offence”

         8. Section 8 – Mental element

         9. Section 9 – Application of the principles of the law of Scotland, construction etc.

         10. Section 10 – Amendment of Criminal Procedure (Scotland) Act 1995

      2. Part 2 – Assistance

         1. Section 11 – Provision of assistance to the ICC

         2. Section 12 – Questioning

         3. Section 13 – Taking or production of evidence

         4. Section 14 – Taking or production of evidence: further provisions

         5. Section 15 – Service of process

         6. Section 16 – Entry, search and seizure

         7. Section 17 – Taking of fingerprints etc.

         8. Section 18 – Provision of records and documents

         9. Section 19 – Investigation of proceeds of ICC crime

         10. Section 20 – Freezing orders in respect of property liable to forfeiture

      3. Part 3 – Enforcement of Sentences and Orders

         1. Section 23 – Detention in Scotland of certain prisoners

         2. Section 24 – Limited disapplication of certain provisions relating to sentences

         3. Section 25 – Amendment of Mental Health (Scotland) Act 1984

         4. Section 26 – Power to make provision for enforcement of orders

      4. Part 4 – General

         1. Section 27 – Supplementary provisions relating to the ICC

         2. Section 28 – Interpretation

      5. Schedule 1 – Genocide, Crimes Against Humanity and War Crimes: Articles 6 to 9

      6. Schedule 4 – Taking of Fingerprints Etc.

      7. Schedule 5 – Investigation of Proceeds of Icc Crime

         1. Part 1 – Production or access orders

         2. Part 2 – Search Warrants

      8. Schedule 6 – Freezing Orders in Respect of Property Liable to Forfeiture