Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/72

Schedule 6—Freezing orders in respect of property liable to forfeiture

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Interpretation

14 (1) For the purposes of this Schedule—

(a) “property” includes money and all other property, real or personal, heritable or moveable, and including things in action and other intangible or incorporeal property; and

(b) “dealing with property” includes (without prejudice to the generality of that expression)—

(i) where a debt is owed to a person, making a payment to any person in reduction of the amount of the debt, and

(ii) removing the property from England and Wales or Northern Ireland.

(2) For the purposes of this Schedule ICC proceedings are concluded—

(a) when there is no further possibility of a forfeiture order being made in the proceedings; or

(b) on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all the property liable to be recovered, or otherwise).

Domestic provisions not applicable to ICC prisoners

Introduction

1 The provisions specified in this Schedule do not apply in relation to a person detained in England and Wales or Northern Ireland in pursuance of a sentence of the ICC.

Provisions affecting length of sentence

2 (1) The following provisions of the law of England and Wales do not apply—

(a) section 24 of the Prison Act 1952 (c. 52) (calculation of term of sentence: meaning of “month”);

(b) section 49(2) of that Act (deduction of periods unlawfully at large);

(c) section 23(3) of the Criminal Justice Act 1961 (c. 39) (discharge at weekend or on a holiday);

(d) section 67 of the Criminal Justice Act 1967 (c. 80) or section 87 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (crediting of periods of remand in custody).

(2) The following provisions of the law of Northern Ireland do not apply—

any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—

(a) remission, or

(b) discharge at a weekend or on a holiday;

section 38(2) of that Act (deduction of periods unlawfully at large);

section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (taking into account of time spent in custody).