Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/21

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
International Criminal Court Act 2001 (c. 17)
17

Part 3—Other forms of assistance


For this purpose “evidence” includes documents and other articles.

(2) The Secretary of State may nominate a court in England and Wales or Northern Ireland to receive the evidence to which the request relates.

(3) For this purpose the nominated court—

(a) has the same powers with respect to securing the attendance of witnesses and the production of documents or other articles as it has for the purpose of other proceedings before the court; and
(b) may take evidence on oath.

(4) A person shall not be compelled to give evidence or produce anything in proceedings under this section that he could not be compelled to give or produce in criminal proceedings in the part of the United Kingdom in which the nominated court has jurisdiction.

(5) If in order to comply with the request it is necessary for the evidence received by the court to be verified in any manner, the notice nominating the court shall specify the nature of the verification required.

(6) No order for costs shall be made in proceedings under this section.

30Taking or production of evidence: further provisions

(1) The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.

(2) The court may, if it thinks it necessary in order to protect—

(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,

direct that the public be excluded from the court.

(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—

(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Secretary of State or with the leave of the court.

(5) A copy of the register of the proceedings shall be sent to the Secretary of State for transmission to the ICC.

31Service of process

(1) This section applies where the Secretary of State receives from the ICC a summons or other document together with a request for it to be served on a person in England, Wales or Northern Ireland.

(2) The Secretary of State may direct the chief officer of police for the area in which the person appears to be to cause the document to be personally served on him.

(3) If the document is so served, the chief officer of police shall forthwith inform the Secretary of State when and how it was served.