Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/41

International Criminal Court Act 2001 (c. 17) Part 5—Offences under domestic law :(5) A person convicted of an offence involving murder shall be dealt with as for an offence of murder.In this subsection “murder” means the killing of a person in such circumstances as would constitute murder if committed in the part of the United KingdonKingdom [sic] in which the proceedings are brought.
 * (6) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding 30 years.”.

(3) The above amendments do not apply in relation to offences committed before the commencement of this section.

71Extradition: Orders in Council under the 1870 Act

(1) This section applies in relation to extradition under Schedule 1 to the Extradition Act 1989 (c. 33) (extradition where an Order in Council under section 2 of the Extradition Act 1870 (c. 52) is in force in relation to the foreign state).

(2) The offences to which such an Order in Council can apply include any Part 5 offence.

(3) “Part 5 offence” means—
 * (a) an offence under section 51 or 58 (genocide, crimes against humanity and war crimes),
 * (b) an offence under section 52 or 59 (conduct ancillary to genocide etc. committed outside the jurisdiction), or
 * (c) an ancillary offence in relation to any such offence.

(4) For the purposes of Schedule 1 to the 1989 Act, conduct, wherever committed, which constitutes—
 * (a) a Part 5 offence, and
 * (b) an offence against the law of any state in relation to which that Schedule has effect,

shall be deemed to be an offence committed within the jurisdiction of that state.

(5) If any conduct would constitute a Part 5 offence if committed in the United Kingdom then, notwithstanding that it does not constitute such an offence—
 * (a) a person whose surrender is sought in respect of that conduct may be surrendered by the United Kingdom in pursuance of an Order in Council to which subsection (2) applies, and
 * (b) subsection (4) applies to the conduct as if it constituted a Part 5 offence.

(6) References in this section to an offence under any provision of this Part, or to an offence ancillary to such an offence, include any corresponding offence under the law of Scotland.

72Extradition: exception to dual criminality rule under the 1989 Act

(1) Section 2 of the Extradition Act 1989 (meaning of “extradition crime”) is amended as follows.

(2) In subsection (1)(b) (extra-territorial offences), after sub-paragraph (ii) add—
 * “, or
 * (iii) the condition specified in subsection (3A) below.”.