Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/37

International Criminal Court Act 2001 (c. 17) Part 5—Offences under domestic law 63Saving for general principles of liability, etc

(1) In determining whether an offence under this Part has been committed the court shall apply the principles of the law of Northern Ireland.

(2) Nothing in this Part shall be read as restricting the operation of any enactment or rule of law relating to—
 * (a) the extra-territorial application of offences (including offences under this Part), or
 * (b) offences ancillary to offences under this Part (wherever committed).

64Protection of victims and witnesses

(1) The enactments specified below (which make provision for the protection of victims and witnesses of certain offences) have effect—
 * (a) as if any reference in those provisions to a specific substantive offence included an offence under section 58 involving conduct constituting that offence; and
 * (b) as if any reference in those provisions to a specific ancillary offence included—
 * (i) that ancillary offence in relation to an offence under section 58 involving conduct constituting the substantive offence in question, and
 * (ii) an offence under section 59 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.

(2) The enactments are—
 * the Sexual Offences (Northern Ireland) Order 1978 (S.I. 1978/460 (N.I. 15)) and the Sexual Offences (Amendment) Act 1992 (c. 34) (protection of victims of sexual offences); and
 * Parts 1 to 4 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) (protection of witnesses and complainants).

Until the commencement of the amendments to the Sexual Offences (Amendment) Act 1992 (c. 34) made by Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, the reference above to the 1992 Act shall be read as a reference to Part 3 of the Criminal Justice (Northern Ireland) Order 1994.

(3) In subsection (1) above—
 * (a) “substantive offence” means an offence other than an ancillary offence; and
 * (b) the reference to conduct constituting an offence is to conduct that would constitute that offence if committed in Northern Ireland.

Supplementary provisions 65Responsibility of commanders and other superiors

(1) This section applies in relation to—
 * (a) offences under this Part, and
 * (b) offences ancillary to such offences.