House of Lords - Explanatory Note
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Paragraph 2: Provisions affecting length of sentence

153. Sub-paragraph (1) disapplies provisions in England and Wales in relation to: the meaning of 'month'; deduction from time served of time unlawfully at large; discharge at a weekend or on a holiday; and crediting of periods during which the prisoner is remanded in custody. All these matters would be considered by the ICC itself when sentencing or when making rulings on reductions to the original sentence.

154. For the same reason, sub-paragraph (2) disapplies provisions in Northern Ireland in relation to: remission; discharge at a weekend or holiday; deduction from time served of time whilst the prisoner is unlawfully at large; and deduction from sentence of time served in custody.

Paragraph 3: Provisions relating to early release or release on licence

155. Sub-paragraph (1) disapplies those provisions in England and Wales which allow prisoners to be released: early; on grounds of ill health; temporarily on licence; or on life licence. Sub-paragraph (2) disapplies the equivalent provisions in Northern Ireland. The ICC would be responsible for the date of release and there is no provision in the Statute permitting a State Party to release an ICC prisoner early or temporarily.


156. This Schedule reproduces Articles 6-9 of the Statute with the exceptions of three provisions in Article 8 (war crimes): Articles 8.1, 8.2(b)(xx) and 8.3. Article 8.1 and 8.3 are not relevant to the definition of war crimes in Article 8.2. Article 8.2(b)(xx) will only become operative if the Statute is amended and the earliest such an amendment could be adopted is seven years after the entry into force of the Statute.


157. This schedule lists the provisions of existing legislation which are to be repealed as a consequence of this Bill. The Genocide Act is repealed because its provisions have been subsumed within Part V of this Bill. The changes to the Geneva Conventions Act 1957 and Geneva Conventions (Amendment) Act 1995 are explained in the commentary on clause 69. The changes to the Service Acts are explained in the commentary on clause 73.


158. There will be two elements of public expenditure as the result of the Bill, both of which will be absorbed within existing resources. The first is the fixed contributions that the UK, as a State Party, will make to the ICC. These costs will be on a sliding scale between States Parties. The financial regulations and rules and the budget of the ICC for the first financial year are still to be negotiated at the Preparatory Commission for the ICC. It is therefore difficult to estimate the UK's contribution but an instructive comparison may be the UK's assessed contribution to the two International Criminal Tribunals which in 2000 was a total of £5.7 million. The second, and unpredictable, element of public expenditure would be the cost of implementing the provisions in the Bill itself, notably: (a) bringing prosecutions under Part V; (b) co-operation with the ICC; and (c) having ICC prisoners serve their sentence in prisons here. This second element is in the nature of a contingency which is not quantifiable in advance.

159. The Bill is not expected to have any significant impact on manpower levels within the public sector.


160. This Bill will have no regulatory impact.


161. Section 19 of the Human Rights Act requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined in section 1 of that Act). The Baroness Scotland of Asthal QC, Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office, has made the following statement:

    "In my view the provisions of the International Criminal Court Bill are compatible with the Convention rights."


162. Clause 81 provides that the provisions of this Bill shall come into force on such dates as the Secretary of State appoints by order.

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Prepared: 15 December 2000