The International Criminal Court Act 2001 (Jersey) Order 2014

• Citation: S.I. 2014/2706
• Sections: 6

Section 1

This Order may be cited as the International Criminal Court Act 2001 (Jersey) Order 2014 and shall come into force on the same day as the International Criminal Court (Jersey) Law 2014 comes into force.

Section 2

The following provisions of the International Criminal Court Act 2001 shall extend to the Bailiwick of Jersey—

(a) section 23(5) (extension of powers under United Nations Act 1946 );

(b) sections 44 and 45 (transfer of prisoner);

(c) section 70 (amendment of Geneva Conventions Act 1957 ); and

(d) section 83 and Schedule 10 (repeals) , so far as they relate to the Geneva Conventions Act 1957, the Genocide Act 1969 and the Geneva Conventions (Amendment) Act 1995 ;

subject to the modifications set out in the Schedule to this Order.

Section 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.

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

Section 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.

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

Section 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”.

Section 4

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