International Criminal Court Act 2006
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: — This Act may be cited as the International Criminal Court Act 2006.
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paragraphs: — (1) In this Act, unless the context otherwise requires—
“ act ”, except where the context otherwise requires, includes omission, and references to conduct are to be construed accordingly;
“ Act of 1994 ” means the Criminal Justice Act 1994 ;
“ ancillary offence ” shall be construed in accordance with section 8 (1);
“ another state ” means a state other than the State;
“ Article ” means an Article of the Statute;
“ document ” includes—
(a) a map, plan, graph, drawing, photograph, photographic negative, record, book, periodical or pamphlet, and
(b) where appropriate, any tape, computer disk or other thing on which data capable of conversion into any permanent legible form is stored;
“ Elements of Crimes ” means Elements of Crimes (including any amendments thereto) adopted under Article 9;
“ Extradition Acts ” means the Extradition Acts 1965 to 2001;
“ functions ” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;
“ ICC offence ” has the meaning given to it by section 9 (1); “ Minister ” means the Minister for Justice, Equality and Law Reform;
“ Pre-Trial Chamber ” means the Pre-Trial Chamber of the International Criminal Court;
“ prison ” means a place of custody administered by or on behalf of the Minister and includes—
(a) Saint Patrick’s Institution,
(b) a place provided under section 2 of the Prisons Act 1970 ,
(c) a place specified under section 3 of the Prisons Act 1972 , and
(d) a remand centre designated under section 88 of the Children Act 2001 ;
“ property ” includes—
(a) money and all other property, real or personal, movable or immovable,
(b) choses in action and any other intangible or incorporeal property, and
(c) proceeds of the disposal of property;
“ Prosecutor ” means the Prosecutor of the International Criminal Court;
“ remand institution ” means an institution (other than a prison) within the meaning of the Criminal Justice Act 1960 ;
“ Rules of Procedure and Evidence ” means the Rules of Procedure and Evidence (including any amendments thereto) adopted under Article 51;
“ Statute ” means the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998;
“ surrender order ” means an order of the High Court under section 25 for the surrender of a person.
(2) Nothing in this Act (except in so far as may be required by section 18 ) prevents the surrender of a person in accordance with the Extradition Acts or the European Arrest Warrant Act 2003 .
(3) In this Act, unless the context otherwise requires—
(a) a reference to a section or Part is to a section or Part of this Act,
(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs,
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paragraphs: — (1) In interpreting the Act and Statute a court, where necessary, may—
(a) take account of the Rules of Procedure and Evidence, the Elements of Crimes and any relevant judgment or decision of the International Criminal Court,
(b) take account of any other relevant judgment, and
(c) consider the travaux prÃ©paratoires relating to the Statute and the published views of commentators on its text and give them such weight as may appear to the court to be appropriate in the circumstances.
(2) For the purposes of its application in relation to the State references in the Statute to a State Party, requested state or custodial state shall be construed, where the context so permits—
(a) as references to the State, or
(b) where the provisions in which the references occur require, or may require, the performance on behalf of the State of executive functions, as references to the Minister.
(3) Judicial notice shall be taken of the Statute.
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paragraphs: — (1) In relation to any request by the International Criminal Court for the arrest and surrender, or the provisional arrest, of a person or for assistance under Article 93 (other forms of co-operation) the Minister may presume, unless he or she has any information to the contrary, that the request—
(a) has been duly made and transmitted in accordance with the relevant provisions of the Statute, and
(b) is being made in connection with the investigation or prosecution of offences within the jurisdiction of the Court.
(2) (a) Where a request by the Court involves the disclosure of information and such a disclosure would in the Minister's opinion be prejudicial to the interests of the security of the State, he or she shall—
(i) in accordance with Article 93.5, consider whether the information can be provided subject to specified conditions or whether the assistance concerned can be provided at a later date or in an alternative manner, and
(ii) if of opinion that the information cannot be so provided, act in conjunction with the Prosecutor, the defendant's legal advisers or the Pre-Trial Chamber or Trial Chamber of the Court to seek to resolve the issue in accordance with paragraph 5 of Article 72.
(b) Where the Minister becomes aware that such information is, or is likely to be, disclosed in an investigation or proceedings instituted by the Court, he or she shall, in accordance with paragraph 4 of that Article, intervene in order to obtain a resolution of the issue.
(c) If—
(i) the issue remains unresolved, and
(ii) the Minister is of opinion that there are no means by which, or conditions under which, the information could be disclosed without prejudicing the interests of the security of the State,
the Minister shall—
(I) notify the Prosecutor or the Court of that opinion and of the specific reasons for it unless to do so would itself necessarily result in prejudicing those interests, and
(II) participate in any consultations requested by the Court under Article 72.7(a)(i) in relation to the issue.
(d) For the purposes of this subsection Article 72 and paragraphs 4 and 5 of Article 93 shall have effect with any necessary modifications.
(e) In any proceedings a document purporting to be signed by the Minister and to certify that in his or her opinion—
(i) disclosure of information in compliance with a request from the Court, or
(ii) as the case may be, any further such disclosure,
would be prejudicial to the interests of the security of the State shall be admissible in evidence, without further proof, of that opinion.
(f) In this subsection references to the disclosure of information include references to the provision of documents, and cognate words shall be construed accordingly.
(3) Where compliance with a request by the Court is prohibited under the law of the State on the basis of a fundamental legal principle of general application, the Minister shall, in accordance with Article 93.3, consult with the Court to try to resolve the matter.
(4) If a request for assistance is refused, the Minister shall inform the Court or the Prosecutor of the reasons for the refusal.
(5) In accordance with Article 93.8 the Minister—
(a) may, when necessary, transmit information or documents to the Prosecutor on a confidential basis for use by him or her solely for the purpose of generating new evidence, and
(b) may subsequently consent to their disclosure.
(6) Any request mentioned in subsection (1) and any supporting or related documents shall constitute official information within the meaning of the Official Secrets Act 1963 .
(7) Competing requests for assistance from the Court and from another state pursuant to an international obligation of the State, other than requests for surrender or extradition, shall be dealt with by the Minister in accordance with Article 93.9.
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paragraphs: — The expenses incurred in the administration of this Act (including the contribution of the State to the funds of the International Criminal Court under Article 115 but excluding costs to be borne by the Court under Article 100) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: — (1) In this Part, unless the context otherwise requires—
“ court ” means, as appropriate, the Central Criminal Court, Special Criminal Court or, in relation to persons subject to military law, a court-martial, whether held inside or outside the State;
“ crime against humanity ” means any of the acts specified in Article 7;
“ genocide ” means any of the acts specified in Article 6;
“ war crime ” means any of the acts specified in Article 8.2 (except subparagraph (b)(xx)).
(2) In Articles 7 and 8 references to murder shall be construed as references to the killing of a person in such circumstances as would, if committed in the State, constitute murder.
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paragraphs: — (1) Any person who commits genocide, a crime against humanity or a war crime is guilty of an offence.
(2) The Genocide Act 1973 (the “1973 Act”) is repealed.
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paragraphs: — (1) Any person who does any act specified in paragraph 3 of Article 25 (crimes ancillary to genocide, crimes against humanity and war crimes) is guilty of an offence (in this Act referred to as an “ancillary offence”).
(2) Subsection (1) is without prejudice to section 7 (penalties for assisting offenders) of the Criminal Law Act 1997 .
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paragraphs: — (1) In this Act “ ICC offence ” means genocide, a crime against humanity, a war crime or an ancillary offence.
(2) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an ICC offence except by or with the consent of the Director of Public Prosecutions.
(3) Proceedings for an ICC offence committed outside the State may be taken in any place in the State, and the offence may for all incidental purposes be treated as having been committed in that place.
(4) Without prejudice to section 7 (4), proceedings may not be taken in respect of conduct constituting an ICC offence if the conduct occurred before the passing of this Act.
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paragraphs: — (1) A person convicted of an ICC offence is liable—
(a) to imprisonment for life if—
(i) the offence involves murder, or
(ii) a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,
(b) in any other case, to imprisonment for a term not exceeding 30 years,
(c) to a fine in accordance with the criteria provided for in the Rules of Procedure and Evidence, and
(d) if the person has obtained property as a result of or in connection with the offence, to having a confiscation order made in respect of him or her under section 9 of the Act of 1994.
(2) In determining the penalty to be imposed the court shall take account of the provisions of Article 78 (determination of the sentence).
(3) Sums recovered under a confiscation order made in relation to an ICC offence shall, if the court so directs, be applied wholly or partly in reparation to victims of the conduct constituting the offence.
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paragraphs: — (1) It shall be an offence for a person to do intentionally any of the acts mentioned in paragraph 1 of Article 70 (offences against the administration of justice) in relation to proceedings—
(a) before the International Criminal Court, or
(b) before a court for an ICC offence,
and for the purposes of the proceedings mentioned in paragraph (b) references to the International Criminal Court in paragraph 1 and the first sentence of paragraph 2 of that Article shall be construed as references to a court.
(2) (a) A person convicted of an offence under subsection (1)(b) is liable—
(i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
(b) Subject to paragraph (a)(i), the amount of any fine to be imposed shall be determined having regard to the Rules of Procedure and Evidence.
(3) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an offence under this section except by or with the consent of the Director of Public Prosecutions.
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paragraphs: — (1) An Irish national who does an act outside the State that, if done within it, would constitute an ICC offence or an offence under section 11 (1) is guilty of that offence and liable to the penalty provided for it.
(2) Subsection (1) also applies in relation to a person of any other nationality who does an act outside the State that, if done within it, would constitute both—
(a) a war crime under subparagraph (a) (grave breaches of the Geneva Conventions) or (b) (other specified serious violations of the laws and customs applicable in international armed conflict) of Article 8.2, and
(b) an offence under section 3 (grave breaches of the Geneva Conventions and Protocol I thereto) of the Geneva Conventions Act 1962 .
(3) An act which—
(a) is done outside the State on board an Irish ship or Irish controlled aircraft, and
(b) if done within it, would constitute an ICC offence,
is deemed for the purposes of this Act to have been done within the State.
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paragraphs: — (1) The law (including common law) of the State shall, subject to subsection (2), apply in determining whether a person has committed an offence under this Part.
(2) Article 27 (application of Statute to all persons without any distinction based on official capacity) and paragraphs (a) and (b) of Article 28 (responsibility of commanders and other superiors for crimes within the jurisdiction of the International Criminal Court) shall apply, as appropriate and with any necessary modifications, in relation to any such determination.
(3) This section is without prejudice to section 3 (1).
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paragraphs: — (1) In proceedings for an offence under this Part—
(a) the measures specified in paragraphs 1 and 5 of Article 68 (protection of victims and witnesses and their participation in proceedings) shall, where appropriate, be taken during the investigation and prosecution of the offence, and
(b) the court concerned shall, where appropriate, take the measures specified in paragraphs 1 to 3 and 5 of that Article.
(2) Any such measures or the manner in which they are taken shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
(3) An application may be made in any such proceedings by or on behalf of the Director of Public Prosecutions for necessary measures to be taken for the protection of any servants or agents of the State involved in the proceedings and for the protection of confidential or sensitive information; and the court may grant the application if satisfied that it is in the interests of justice to do so.
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paragraphs: — In this Part—
“ appeal proceedings ” means proceedings relating to—
(a) a complaint under Article 40.4.2° of the Constitution (including any proceedings on appeal from a decision on the complaint), or
(b) an appeal on a point of law to the Supreme Court against a surrender order or an appeal to that Court against a refusal of such an order;
“ provisional arrest warrant ” means a warrant issued under section 22 (1);
“ state of enforcement ” means a state (other than the State) which is designated by the International Criminal Court under Article 103(1) from a list of states which have indicated to the Court their willingness to accept persons sentenced by it.
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paragraphs: — Where—
(a) a person whose surrender has been requested by the International Criminal Court for an offence within its jurisdiction is in custody under this Part, and
(b) the person is also in custody for another offence,
his or her release under this Part shall not affect his or her custody for that other offence.
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paragraphs: — (1) A request by the International Criminal Court for the arrest and surrender of a person shall be communicated to the Minister in accordance with Articles 87, 89 and 91.
(2) The request shall be accompanied by—
(a) as accurate a description as possible of the person whose surrender is requested, together with any other information that will help to establish the person's identity and probable location,
(b) a brief statement of the facts of the case and their legal characterisation,
(c) the original or a certified copy of the warrant of arrest, and
(d) if the request relates to a person who has been convicted by the Court—
(i) the original or a certified copy of any previous warrant of arrest,
(ii) the original or a certified copy of the judgment of conviction,
(iii) information establishing that the person sought is the person referred to in the judgment, and
(iv) the original or a certified copy of any sentence imposed and, in the case of a sentence of imprisonment, a statement of any period already served and the period remaining to be served.
(3) If the information furnished by the Court is in the Minister's opinion insufficient, the Minister may request it to supply further information or documents.
(4) The Minister shall consult with the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of a request.
(5) The Minister may act on a request or supporting document which otherwise complies with this section notwithstanding that it was received by him or her before the passing of this Act.
(6) An amended warrant of arrest shall be treated as if it were a new warrant, without prejudice to the validity of anything done under the old warrant.
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paragraphs: — (1) In this section “ surrender proceedings ” means proceedings before the High Court for the surrender of a person to another state following receipt of—
(a) a request under the Extradition Acts for his or her extradition to another state, or
(b) a European arrest warrant (within the meaning of the European Arrest Warrant Act 2003 ) in respect of the person.
(2) Where the Minister receives a request from the International Criminal Court for the arrest and surrender of a person under Article 89 and—
(a) surrender proceedings in respect of the person have been instituted but have not been determined, or
(b) the person is awaiting surrender to another state under the Extradition Acts or the European Arrest Warrant Act 2003 ,
then, pending a decision by the Minister in accordance with Article 90 on whether priority should be given to the request—
(i) the Minister shall notify the High Court of the request, and, on receipt of the notification, the Court may adjourn the proceedings for such period or periods as it thinks fit and remand the person in custody or, subject to section 26 (2), on bail, or
(ii) as the case may be, the person shall not be so surrendered.
(3) If the Minister decides in accordance with Article 90 that priority should be given to the request from the International Criminal Court and—
(a) the surrender proceedings have been so adjourned, the Minister shall cause the High Court to be notified of his or her decision, and, on receipt of the notification, the Court may order that the proceedings be discontinued and that the person concerned be brought before it to be dealt with in accordance with section 25 , or
(b) the person is awaiting surrender to another state, the person shall not be so surrendered, and sections 19 , 20 , 23 and 25 shall have effect in relation to the case.
(4) If, having consulted the International Criminal Court, the Minister decides in accordance with Article 90 that priority should not be given to the Court’s request—
(a) the Minister shall cause the High Court to be notified accordingly, or
(b) if the person is awaiting surrender to another state, subsection (2)(ii) shall cease to have effect in relation to the person concerned.
(5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of an offence is not a bar to instituting fresh such proceedings for it.
(6) This section has effect notwithstanding anything in the Extradition Acts and is without prejudice to section 30(3) of the European Arrest Warrant Act 2003 .
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paragraphs: — (1) On receiving a request from the International Criminal Court for the arrest and surrender of a person the Minister shall, subject to this Part, certify that the request has been duly made.
(2) The Minister—
(a) may postpone action on the request until—
(i) the Court has determined any challenge to the admissibility of the case or to its jurisdiction (whether or not the challenge is a challenge by the Minister under Article 19(2)(b) to the admissibility of the case on the ground that it is being, or has been, investigated), or
(ii) the completion of any consultation between the Minister and the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of the request,
and
(b) may, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, postpone such action in accordance with Article 94.1.
(3) In deciding under subsection (2)(b) whether to postpone action on a request the Minister shall have regard to the seriousness of the offence referred to in that subsection.
(4) If the Minister decides under subsection (2)(b) not to postpone action on a request, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.
(5) The Minister, if he or she decides to grant a request for the surrender of a person who is being proceeded against or is serving a sentence for an offence that is not an ICC offence, shall consult the Court in accordance with Article 89.4.
(6) The Minister shall not take action on a request if informed by the Court that it has determined that the case is inadmissible or that it is not proceeding further with the request for any other reason.
(7) In subsection (2)(b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003 .
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paragraphs: — (1) On production to the High Court of—
(a) a certificate by the Minister under section 19 that a request has been duly made by the International Criminal Court for the arrest and surrender of a person, and
(b) copies of the request and of the accompanying documents and any other related documents,
the Court shall issue a warrant for the person's arrest, addressed to the Commissioner of the Garda SÃ­ochÃ¡na.
(2) A document purporting to be—
(a) a certificate referred to in subsection (1)(a), or
(b) a copy of any document referred to in subsection (1)(b),
is admissible, without further proof, as evidence of the matters mentioned in it.
(3) The Court shall cause the Minister to be notified forthwith of the issue of the warrant.
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paragraphs: — (1) This section applies where the Minister receives from the International Criminal Court a request, made in accordance with Article 92, for the provisional arrest of a person.
(2) If, where this section applies, it appears to the Minister that application should be made for a warrant for the person's provisional arrest, the Minister shall communicate the request to the Commissioner of the Garda SÃ­ochÃ¡na, and the Commissioner shall cause such an application to be made to the High Court under section 22 .
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paragraphs: — (1) The High Court may issue a warrant (in this Part referred to as a “provisional arrest warrant”) for the arrest of a person on the sworn information of a member of the Garda SÃ­ochÃ¡na not below the rank of inspector that he or she has reason to believe—
(a) that the International Criminal Court has made a request under Article 92 for the provisional arrest of the person on grounds of urgency,
(b) that the person is in, or on the way to, the State,
(c) that the person—
(i) is accused or suspected by that Court of having committed an ICC offence or an offence under section 11 (1)(a), or
(ii) has been convicted by it of such an offence,
and
(d) that a request for the arrest and surrender of the person will be duly made.
(2) The Court shall cause the Minister to be informed forthwith of the issue of the warrant.
(3) Where, at any time before the execution of the warrant, it appears to the Minister that a request for the surrender of the person named in it will not be received from the International Criminal Court or that proceedings will not be instituted by it against the person, the Minister may by order cancel the warrant and shall forthwith cause the High Court to be notified accordingly.
(4) A provisional arrest warrant may be issued in respect of a person notwithstanding the previous issue or refusal of a warrant for the person's arrest under this Part.
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paragraphs: — (1) A member of the Garda SÃ­ochÃ¡na may execute a warrant issued under section 20 or 22 even if the warrant is not in the member's possession.
(2) The member executing the warrant shall show the warrant to the arrested person and give him or her a copy of it—
(a) at the time of the arrest, or
(b) if the warrant or copy is not then in the member's possession, within 24 hours after the arrest.
(3) For the purpose of arresting a person under the warrant the member may enter (by force, if necessary) and search any place where the person is or where the member, with reasonable cause, suspects the person to be.
(4) The arrested person shall be brought before the High Court as soon as possible and be provided, where necessary, with a competent interpreter.
(5) The Court shall order that legal aid be provided for the arrested person if it appears to it that the person's means are insufficient to enable him or her to obtain such aid.
(6) On the making of such an order the arrested person shall be entitled to free legal aid in the proceedings and for that purpose section 3 of the Criminal Justice (Legal Aid) Act 1962 shall apply, with the necessary modifications, in relation to the person as if he or she had been granted a legal aid (trial on indictment) certificate under that section.
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paragraphs: — (1) Subject to subsection (2), where—
(a) a person arrested under a provisional arrest warrant is brought before the High Court, and
(b) a certificate under section 19 in respect of the person is not produced to it,
the Court shall remand the person in custody or, subject to section 26 (2), on bail until the certificate is produced.
(2) Where a certificate under section 19 is not produced to the Court within such period from the date of the provisional arrest as is specified for the time being in the Rules of Procedure and Evidence for the receipt by a requested state of a request for surrender, the person, if in custody, shall be released.
num: 25
paragraphs: — (1) (a) Subject to subsection (2), on application by or on behalf of the Minister for the surrender of a person arrested under section 23 , the High Court may, if satisfied that the arrested person is the person named or described in the warrant of arrest and surrender issued by the International Criminal Court, make an order (in this Part referred to as a “surrender order”) for the surrender of the person either—
(i) into the custody of that Court, or
(ii) if that Court so directs in the case of a person convicted by it, into the custody of the state of enforcement,
in accordance with arrangements to be made by the Minister.
(b) Where the application relates to a person arrested under a provisional arrest warrant, copies of the request by the International Criminal Court for his or her surrender and of the accompanying documents and any other related documents, together with a certificate by the Minister under section 19 that the request has been duly made, shall be produced to the High Court.
(c) In accordance with paragraph 4, second sentence, of Article 59 the High Court may not consider whether the warrant of arrest was properly issued in accordance with paragraphs 1(a) and 1(b) of Article 58.
(2) (a) The High Court shall adjourn the proceedings pending the outcome of—
(i) any challenge before the International Criminal Court to the admissibility of a case on grounds referred to in Article 17 or 89(2) or to that Court's jurisdiction in the case, or
(ii) a challenge to admissibility made before the High Court on the basis of the principle of ne bis in idem, as provided for in Article 89(2),
and remand the arrested person in custody or, subject to section 26 (2), on bail.
(b) The High Court shall cause the Minister to be informed of any challenge mentioned in paragraph (a)(ii).
(c) On being so informed, the Minister shall consult the International Criminal Court and then inform the High Court either—
(i) that there is an existing ruling of the International Criminal Court in relation to the admissibility of the case, or
(ii) that that Court is considering the challenge.
(3) The High Court, whether or not it makes a surrender order, may, and on the application of the arrested person shall—
(a) determine—
(i) whether section 23 (2) was complied with in relation to the execution of the warrant of arrest, and
(ii) whether any other rights of the person in relation to the arrest have been respected,
(b) make a declaration to that effect, and
(c) notify the Minister accordingly,
and the Minister shall transmit a copy of the notification to the International Criminal Court.
(4) On making a surrender order the High Court shall—
(a) inform the arrested person that he or she will not be surrendered, except with his or her consent, before 15 days have elapsed from the date of the order,
(b) also inform the person of the provisions of Article 40.4.2° of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of a person alleging that he or she is unlawfully detained), and
(c) cause a copy of the order to be sent forthwith to the Minister.
(5) A surrender order shall provide for the committal of the arrested person to a prison or, if the person is not more than 21 years of age, to a remand institution (within the meaning of the Criminal Justice Act 1960 ) while awaiting the surrender.
(6) An appeal shall lie to the Supreme Court against a surrender order only on a point of law.
(7) (a) If an appeal is to be brought against a refusal of the High Court to make a surrender order and the Court is so informed without delay, the Court shall remand the arrested person in custody or, subject to section 26 (2), on bail, until the appeal has been finally determined.
(b) If not so informed, the Court shall order that the arrested person be released.
(8) Sections 10 and 11 (transfer and lawful custody of remanded persons) of the Criminal Justice Act 1960 apply to a person committed or remanded to a remand institution under this section.
num: 26
paragraphs: — (1) In relation to a person who is before it under this Part the High Court may, subject to subsection (2), exercise its powers of adjournment and remand, including, but not limited to, the powers it has in that respect in relation to a person sent forward to the Central Criminal Court for trial.
(2) (a) The High Court—
(i) shall cause any application for bail by such a person brought before it to be notified to the Pre-Trial Chamber and the Minister, and
(ii) shall, in reaching a decision on the application—
(I) have regard to the principles set out in paragraph 4, first sentence, of Article 59, and
(II) give full consideration to any recommendations made by the Chamber in relation to the application.
(b) If bail is granted, the Minister shall provide any periodic reports requested by the Chamber under Article 59.6.
(c) Bail may not be granted under this subsection to a person who is serving a sentence of imprisonment or detention.
num: 27
paragraphs: — Subject to section 29 , a person who has been committed under a surrender order shall not be surrendered to the International Criminal Court before—
(a) 15 days have elapsed since the date of the order, or
(b) proceedings (including any appeal proceedings) in connection with the request for arrest and surrender have been finally determined,
whichever is the later.
num: 28
paragraphs: — (1) The Minister may order that a person committed under a surrender order be removed to a hospital or other place if of opinion that it is necessary to do so in the interests of the person's health.
(2) A person so removed shall continue to be in lawful custody while in the hospital or other place.
num: 29
paragraphs: — (1) A person arrested in accordance with a warrant issued under section 20 or 22 may consent to be surrendered to the custody of the International Criminal Court or, in the case of a person convicted by it, of the state of enforcement.
(2) The person shall give notice of intention to consent to surrender—
(a) if in custody, to the prison governor, member of the Garda SÃ­ochÃ¡na or other person in whose custody the person is, and
(b) if on bail, to any member of the Garda SÃ­ochÃ¡na.
(3) The consent must be given and recorded before the High Court and be given voluntarily and in full awareness of the consequences.
(4) Where, by reason of a physical or mental condition, it is inappropriate for the person to consent to being surrendered, the consent may be given by a person who is deemed appropriate for that purpose by the High Court.
(5) On the recording of consent to surrender the High Court shall—
(a) if a surrender order has not been made in relation to the person, make a surrender order, and
(b) if such an order has been made, order that the person be returned to custody to await his or her surrender.
(6) (a) A person who has consented to surrender in accordance with this section may, at any time up to the making of an order by the Minister under section 30 , withdraw the consent.
(b) On such withdrawal the person—
(i) if the surrender order was made after the consent was given, shall be brought before the High Court and be dealt with by that Court as if he or she had not so consented, or
(ii) in any other case, shall await surrender in accordance with this Part.
(7) The person who receives notice of intention to consent to surrender or is informed of the withdrawal of the consent shall forthwith notify the Minister accordingly.
num: 30
paragraphs: — (1) Subject to this Part, the Minister may by order direct that a person who has been committed under a surrender order shall be surrendered to the custody of another person who in the Minister's opinion has been duly authorised in that behalf by the International Criminal Court or the state of enforcement, as the case may be, and the person shall be surrendered accordingly.
(2) The authorised person shall receive, hold in custody and convey out of the State the person so surrendered.
(3) A person who escapes from the custody of the authorised person shall be liable to be retaken in the same manner as any person who escapes from lawful custody.
num: 31
paragraphs: — (1) The Minister may postpone the making of an order under section 30 —
(a) until the International Criminal Court has determined any challenge to the admissibility of the case or to its jurisdiction, or
(b) in consultation with the Court, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, until the conclusion or discontinuance of the investigation or proceedings.
(2) If the Minister decides under subsection (1)(b) not to postpone the making of the order, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.
(3) In deciding whether to postpone surrender under subsection (1)(b) the Minister shall have regard to the seriousness of the conduct constituting the offence referred to in that subsection.
(4) (a) This subsection applies on the expiration of a period of postponement mentioned in subsection (1).
(b) The Minister—
(i) if the postponement arises under subsection (1)(a) and the Court has determined that the case is inadmissible or not within its jurisdiction, shall order that the person, if in custody, be released, or
(ii) in any other case, shall, subject to this Part, make an order under section 30 in respect of the person concerned.
(5) In subsection (1)(b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003 .
num: 32
paragraphs: — Without prejudice to sections 31 (4)(b)(i) and 35 (2), the Minister may, after consultation with the International Criminal Court, order the release from custody of a person who has been committed under a surrender order if of opinion—
(a) that, in the light of information received after the making of the surrender order, the surrender is prohibited by this Act, or
(b) that the request for the surrender is not being proceeded with.
num: 33
paragraphs: — (1) This section applies where a person awaiting surrender under this Part is not surrendered and conveyed out of the State within one month after—
(a) the making of the surrender order,
(b) the conclusion of any appeal proceedings, or
(c) the expiration of any period of postponement mentioned in section 31 (1),
whichever is the later.
(2) Where this section applies but subject to subsection (3), the High Court may, on application by or on behalf of the person concerned and on notice to the Minister, order that the person be released from custody.
(3) If the Court is satisfied—
(a) that the person's state of health or other circumstances beyond the control of the Minister or the International Criminal Court or, as the case may be, the state of enforcement have prevented the person from being surrendered under this Part, and
(b) that it is likely that within a reasonable time those circumstances will no longer apply,
it may fix a period within which the person may be so surrendered, and the person shall be released if not surrendered within that period or any extension thereof which may be directed by the Court from time to time in accordance with this section.
(4) Subsection (2) is without prejudice to section 35 (2).
num: 34
paragraphs: — The cancellation under section 22 (3) of a warrant for the provisional arrest of a person or the release of a person under section 24 (2), 32 or 33 (2) is not a bar to the person's arrest or surrender in accordance with any subsequent request from the International Criminal Court.
num: 35
paragraphs: — (1) This section applies to a person who is subject to a surrender order and is also liable to serve, or is serving, a sentence of imprisonment or detention.
(2) A person to whom this section applies shall continue to be liable to serve, or continue to serve, the sentence.
(3) The surrender order may provide—
(a) for the person's return to the State in accordance with arrangements made by the Minister with the International Criminal Court or, as the case may be, with the state of enforcement, and
(b) for his or her transfer in custody from the state of enforcement to the place of imprisonment or detention.
(4) A period in custody arising from the request for surrender, except any period in the custody of the International Criminal Court or state of enforcement under a sentence of detention imposed by the Court, shall be reckoned as a period served under the sentence of imprisonment or detention.
(5) If a sentence of imprisonment or detention expires while the sentenced person is being detained by or on the order of the International Criminal Court, the Minister shall notify the Court accordingly.
num: 36
paragraphs: — (1) Subject to subsection (2) and in accordance with Article 101, a person surrendered to the International Criminal Court shall not be proceeded against, punished or detained, whether by the Court or an enforcement state, for any offence committed before his or her surrender other than that for which the surrender was requested.
(2) The Minister may, if so requested by the Court and having received such information or assurances from it as he or she considers necessary, waive the requirements of subsection (1) in a particular case.
num: 37
paragraphs: — In this Part, unless the context otherwise requires—
“ Act of 1988 ” means the Bankruptcy Act 1988 ;
“ defendant ” means a person in relation to whom the Minister has received a request from the International Criminal Court for the freezing of property or the enforcement of an ICC order;
“ enforceable ICC order ” means an ICC order in relation to which an enforcement order has been made;
“ enforcement order ” means an order under section 40 (3) for the enforcement of an ICC order;
“ freezing order ” means an order under section 38 (4);
“ gift caught by this Part ” means a gift—
(a) which was made by the defendant in proceedings for an ICC offence at any time after the commission of the offence or, if there is more than one such offence, the earliest of the offences to which the proceedings for the time being relate, and
(b) which the court considers it appropriate in all the circumstances to take into account;
“ ICC order ” has the meaning given to it by section 40 (1);
“ realisable property ” means—
(a) any property held by a defendant, and
(b) any property held by a person to whom a defendant has directly or indirectly made a gift caught by this Part,
but does not include any property subject to—
(i) an order under section 4 or 4A of the Proceeds of Crime Act 1996 ,
(ii) forfeiture under an enforceable ICC order,
(iii) an order under section 30 (forfeiture orders) of the Misuse of Drugs Act 1977 ,
(iv) a confiscation order, or a forfeiture order, within the meaning of the Act of 1994, or
(v) a confiscation co-operation order or an external forfeiture order, as referred to in section 46 or 47 of that Act;
“ registered land ” means land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964 .
num: 38
paragraphs: — (1) This section applies where the Minister receives a request from the International Criminal Court under Article 93.1(k) to freeze the property of a person, including any articles used in the commission of an ICC offence, for the purpose of its eventual forfeiture.
(2) Where this section applies, the Minister shall, subject to section 4 , send a copy of the request and any accompanying documents to the Commissioner of the Garda SÃ­ochÃ¡na.
(3) (a) The Commissioner shall thereupon cause a member of the Garda SÃ­ochÃ¡na not below the rank of inspector to apply to the High Court for an order under subsection (4).
(b) If the applicant—
(i) believes that the person to whom the request relates owns any land (whether or not the applicant believes that the person owns other land), and
(ii) is aware of its location,
the applicant shall state in the application that he or she so believes and specify the location of the land.
(4) (a) On such an application the High Court may make an order (in this Part referred to as a “freezing order”) prohibiting any person from dealing with the property of the person to whom the request relates if the Court is satisfied—
(i) that this section applies in relation to the property, and
(ii) either—
(I) that the International Criminal Court has imposed a fine, or made a reparation or forfeiture order, in the proceedings concerned, or
(II) that there are reasonable grounds for believing that that Court may impose a fine, or make such an order, in those proceedings.
(b) For the purposes of paragraph (a) dealing with property held by any person includes—
(i) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt, or
(ii) removing the property from the State.
(c) A freezing order may be subject to such conditions and exceptions as may be specified in it, including the making of such provision as the Court may think fit for the living expenses and legal expenses of any person.
(d) In paragraph (a)(ii)(I) “proceedings” includes an investigation by the International Criminal Court of an ICC offence.
(e) If subsection (3)(b) applies, the freezing order shall include the statement mentioned in that subsection.
(5) In exercising its powers under this section the High Court shall pay due regard to the rights of any third parties.
(6) A freezing order may apply—
(a) to all realisable property held by a specified person, whether the property is described in the order or not, and
(b) to realisable property held by a specified person, being property transferred to him or her after the making of the order.
(7) A freezing order—
(a) may be made ex parte and otherwise than in public,
(b) may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct,
(c) may be discharged or varied in relation to any property, and
(d) shall be discharged on the application of the International Criminal Court or on the conclusion of the proceedings before that Court in relation to which the order was made.
(8) For the purposes of subsection (7)(d), proceedings before the International Criminal Court have concluded—
(a) where the Court determines not to make an ICC order, on the date of the determination,
(b) where the Court makes such an order—
(i) on the date of the final determination of an application under section 40 for its enforcement, or
(ii) on the issue by the Minister of a certificate that a request is unlikely to be received from the International Criminal Court for the enforcement of the order.
(9) An application to discharge or vary a freezing order may be made by any person affected by it.
(10) Where the High Court has made a freezing order arising from a request related to the investigation of an ICC offence, it may discharge the order if the investigation is not completed within such time as it considers reasonable.
(11) Where the High Court has made a freezing order, the Court may at any time appoint a receiver—
(a) to take possession of any realisable property, and
(b) in accordance with the Court's directions, to manage or otherwise deal with it,
subject to such exceptions and conditions as may be specified by the Court and to provision being made for the expenses and remuneration of the receiver, and may require any person having possession or control of such property to deliver it to the receiver.
(12) Where the High Court has made a freezing order, a member of the Garda SÃ­ochÃ¡na or an officer of customs and excise may, for the purpose of preventing any realisable property being removed from the State, seize the property.
(13) Property seized under subsection (12) shall be dealt with in accordance with the High Court's directions.
(14) Section 60 (voidance of dispositions designed to frustrate confiscation, etc.) of the Act of 1994 shall have effect as if the references to confiscation included references to a freezing order.
num: 39
paragraphs: — (1) (a) Where a freezing order is made in relation to land, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Titles and Deeds a notice of the making of the order, together with a copy of the order.
(b) If it appears from the freezing order, or the Registrar is otherwise aware, that the land is registered land, the Registrar shall thereupon—
(i) cause an entry to be made in the register kept under the Registration of Title Act 1964 inhibiting, until the order is discharged, any dealing with any registered land or charge which appears to be affected by it, and
(ii) if the order is subsequently varied or discharged, cause the entry to be varied accordingly or cancelled, as the case may be.
(c) Where paragraph (b) does not apply, the Registrar shall thereupon cause the notice of the making, variation or discharge of the freezing order to be registered in the Registry of Deeds pursuant to the Registration of Deeds Act 1707.
(d) If and for as long as the offices of Registrar of Titles and the Registrar of Deeds are not held by the same person—
(i) the reference in paragraph (a) to the Registrar of Titles and Deeds shall be construed as a reference to the Registrar of Titles and the Registrar of Deeds,
(ii) the reference in paragraph (b) to the Registrar shall be construed as a reference to the Registrar of Titles, and
(iii) the reference in paragraph (c) to the Registrar shall be construed as a reference to the Registrar of Deeds.
(2) (a) Where a freezing order is made which affects an interest in a company or its property, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Companies a notice of the making of the order, together with a copy of the order.
(b) On receipt of those documents the Registrar of Companies shall, if the company is a registered company, cause the notice to be entered in the Register of Companies and—
(i) if the company is an existing company, as defined in section 2(1) of the Companies Act 1963 , send a copy of the notice to each director and the secretary of the company at the company's registered office,
(ii) in any other case, send a copy of the notice by post to the person resident in the State who has been authorised to accept, on behalf of the company concerned, service of process and any notices required to be served on it.
(c) In this subsection—
“ Register of Companies ” means the Register of Companies maintained under the Companies Acts 1963 to 2005;
“ registered company ” means—
(i) a company formed and registered under those Acts,
(ii) an existing company, as defined in section 2(1) of the Companies Act 1963 , or
(iii) a company registered under Part XI of that Act or the European Communities (Branch Disclosure) Regulations 1993 ( S.I. No. 395 of 1993 ).
num: 40
paragraphs: — (1) This section applies where the Minister has received a request from the International Criminal Court for the enforcement of an order of the Court (in this Part referred to as an “ICC order”) imposing a fine or forfeiture or providing for reparation to, or in respect of, victims.
(2) (a) Where this section applies, the Minister shall, subject to section 4 , cause an application to be made to the High Court for enforcement of the ICC order.
(b) If the applicant—
(i) believes that the person against whom the order was made owns any land (whether or not the applicant believes that the person owns other land), and
(ii) is aware of its location,
the applicant shall state in the application that he or she so believes and specify the location of the land.
(3) (a) On such an application the High Court may, subject to subsection (4), make an order (in this Part referred to as an “enforcement order”) for the enforcement of the ICC order.
(b) If subsection (2)(b) applies, the enforcement order shall include the statement referred to in that subsection.
(4) The High Court shall make an enforcement order only if—
(a) the ICC order, or
(b) the conviction in respect of which it was made,
is in force and not subject to further appeal and if—
(i) a reasonable opportunity has been given for persons holding an interest in any property concerned to make representations to the High Court, and
(ii) where the ICC order imposes a fine, its enforcement will not prejudice the rights of bona fide third parties.
(5) If the ICC order has been partly complied with, the High Court shall make an enforcement order only in relation to the part not complied with.
(6) Where the enforceable ICC order relates to the payment of a fine or other sum, the order shall be enforced in accordance with its terms as if it were an order of the High Court for the payment to the State of the sum payable under the ICC order or of any lesser sum remaining due under it.
(7) Where the enforceable ICC order relates to the forfeiture of property—
(a) the order shall operate to deprive the person to whom it relates of his or her rights, if any, in the property, and
(b) the order shall be enforced in accordance with its terms as if it were an order of the High Court for the forfeiture of the property.
(8) Nothing in subsection (6) or (7) authorises a person to be imprisoned.
(9) Subject to subsection (10), if at any time after the making of the enforcement order it is reported to the High Court that any sum payable under the ICC order remains unpaid, the Court may, without prejudice to the validity of anything previously done under the order or to its future enforcement, order that the person to whom the ICC order relates be imprisoned for a period not exceeding that set out in the second column of the table to this section opposite the amount outstanding under the ICC order.
(10) An order under subsection (9) of this section shall not be made unless the person to whom the ICC order relates has been given a reasonable opportunity to make representations to the Court.
(11) Section 60 (voidance of dispositions designed to frustrate confiscation, etc.) of the Act of 1994 shall have effect as if the reference to forfeiture included a reference to an enforceable ICC order.
(12) Money or other property received under an enforceable ICC order shall, without prejudice to section 49 (1), be dealt with in accordance with the directions of the International Criminal Court.
(13) Section 39 shall apply in relation to the registration of enforcement orders as it does in relation to the registration of freezing orders and shall have effect accordingly, with any necessary modifications.
Table
Amount outstanding under ICC order
Period of imprisonment
Not exceeding €650
45 days
Exceeding €650 but not exceeding €1,300
3 months
Exceeding €1,300 but not exceeding €3,250
4 months
Exceeding €3,250 but not exceeding €6,500
6 months
Exceeding €6,500 but not exceeding €13,000
9 months
Exceeding €13,000 but not exceeding €26,000
12 months
Exceeding €26,000 but not exceeding €65,000
18 months
Exceeding €65,000 but not exceeding €130,000
2 years
Exceeding €130,000 but not exceeding €325,000
3 years
Exceeding €325,000 but not exceeding €1,300,000
5 years
Exceeding €1,300,000
10 years
num: 41
paragraphs: — (1) Where an enforcement order which is not subject to appeal has not been satisfied, the High Court may exercise the powers conferred by this section.
(2) Where subsection (1) applies, the Court may, in relation to any realisable property—
(a) appoint a person to be a receiver in respect of it,
(b) empower the receiver to take possession of it, subject to such conditions or exceptions as the Court may specify,
(c) order any person having possession or control of it to deliver it to the receiver,
(d) empower the receiver to realise it in such manner as the Court may direct,
(e) order any person holding an interest in it to make to the receiver such payment as the Court may direct in respect of any beneficial interest held in it by the defendant or, as the case may be, by the recipient of any gift caught by this Act, and
(f) on the payment being made, by order transfer, grant or extinguish any such beneficial interest.
(3) The Court shall not exercise the powers conferred by this section unless a reasonable opportunity has been given to persons holding any interest in the property concerned to make representations to it in relation to such exercise.
num: 42
paragraphs: — (1) In this section “powers” means the powers conferred on the High Court by section 38 (11) or 41 (2) or on a receiver appointed under either of those provisions.
(2) Subject to subsection (3), the powers shall be exercised with a view to—
(a) securing that the property covered by an order under either of those provisions is available to satisfy any order of the International Criminal Court imposing a fine or forfeiture or providing for reparation to, or in respect of, victims,
(b) in the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part, realising no more than the value for the time being of the gift,
(c) allowing any person, other than the defendant or the recipient of any such gift, to retain or recover the value of any property held by him or her.
(3) In exercising the powers no account shall be taken of any obligations of the defendant or of the recipient of any such gift that conflict with the obligation to satisfy the freezing order or ICC order concerned.
num: 43
paragraphs: — A receiver who—
(a) takes any action in relation to property which is not realisable property, being an action which a receiver would be entitled to take if it were realisable property, and
(b) believes, and has reasonable grounds for believing, that he or she is entitled to take that action in relation to that property,
is not liable to any person in respect of any loss or damage resulting from the action except in so far as the loss or damage is caused by his or her negligence.
num: 44
paragraphs: — (1) Where a person who holds realisable property is adjudicated bankrupt, the following property is excluded from the property of the bankrupt for the purposes of the Act of 1988:
(a) any property for the time being subject to—
(i) a freezing order made before the order of adjudication, or
(ii) an ICC order which is the subject of an enforcement order made before the order of adjudication;
(b) any property realised by virtue of section 38 (11) or 41 (2) and for the time being in the hands of a receiver.
(2) Where a person was adjudicated bankrupt before the passing of this Act, the powers of the High Court or a receiver under either of those sections shall not be exercised in relation to property of the bankrupt for the purposes of the Act of 1988.
(3) Where a person is adjudicated bankrupt and has directly or indirectly made a gift caught by this Part—
(a) any decision as to whether the gift is void shall not be made under section 57, 58 or 59 of the Act of 1988 in respect of the making of the gift at any time when property of the person to whom the gift was made is subject to a freezing order or an enforceable ICC order, and
(b) any such decision made after the discharge of the freezing order or enforceable ICC order shall take into account any realisation under this Part of property held by the person to whom the gift was made.
(4) Where a petition in bankruptcy was presented, or an adjudication in bankruptcy made, before 1 January 1989, this section shall have effect with the modification that for references to the property of the bankrupt for the purposes of the Act of 1988 there shall be substituted references to the property of the bankrupt vesting in the assignees for the purposes of the law of bankruptcy in force before that date.
num: 45
paragraphs: — (1) Without prejudice to the generality of any provision of any other enactment, where—
(a) the Official Assignee or a trustee appointed under Part V of the Act of 1988 seizes or disposes of any property in relation to which his or her functions are not exercisable because it is for the time being subject to a freezing order or an enforceable ICC order, and
(b) at the time of the seizure or disposal he or she believes, and has reasonable grounds for believing, that he or she is entitled (whether in pursuance of an order of a court or otherwise) to seize or dispose of the property,
he or she—
(i) is not liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his or her negligence, and
(ii) has a lien on the property, or the proceeds of its sale, for such of his or her expenses as were incurred in connection with the bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his or her remuneration as may reasonably be assigned for his or her acting in connection with those proceedings.
(2) Where the Official Assignee or a trustee appointed as aforesaid—
(a) incurs expenses in respect of such property, and
(b) does not know, and does not have reasonable grounds for believing, that the property is for the time being subject to a freezing order or an enforceable ICC order,
he or she is entitled (whether or not he or she has seized or disposed of the property so as to have a lien) to payment of those expenses under section 49 .
num: 46
paragraphs: — (1) In this section—
“ company ” means any company which may be wound up under the Companies Acts 1963 to 2005;
“ relevant time ” means—
(a) where no order for the winding up of the company has been made, the time of the passing of the resolution for its voluntary winding up,
(b) where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution, and
(c) in any other case where such an order has been made, the time of the making of the order.
(2) Where realisable property is held by a company and an order for its winding up has been made or a resolution for its voluntary winding up has been passed by it, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—
(a) property for the time being subject to—
(i) a freezing order which was made before the relevant time, or
(ii) an ICC order which is the subject of an enforcement order made before that time,
(b) any property realised by virtue of such an order for the time being in the hands of a receiver appointed under this Part.
(3) Where an order for the winding up of a company has been made or such a resolution passed, the powers of the High Court or of such a receiver shall not be exercised in relation to any realisable property held by the company concerned—
(a) so as to inhibit the exercise of those powers for the purpose of distributing any property held by the company to the company's creditors, or
(b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.
num: 47
paragraphs: — (1) If any sum required to be paid by a person under an enforceable ICC order is not paid when it is required to be paid (whether forthwith on the making of the enforcement order concerned or at a time specified in the ICC order), the person shall be liable to pay interest on the sum for the period for which it remains unpaid.
(2) The amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from the person under the enforceable ICC order.
(3) The rate of interest shall be that for the time being applicable to a High Court civil judgment debt.
num: 48
paragraphs: — (1) An amount payable in the State under an enforceable ICC order shall be paid in euro.
(2) If the amount payable is expressed in the enforceable ICC order in a currency other than the euro, the payment shall be made on the basis of the exchange rate prevailing, on the date the enforcement order is made, between the euro and that currency.
(3) For the purposes of this section a certificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified currency and the euro shall be admissible in any proceedings, without further proof, as evidence of the facts stated in the certificate.
(4) In this section, “ authorised institution ” means—
(a) a person who holds or has held a licence from the Central Bank and Financial Services Authority of Ireland under section 9 of the Central Bank Act 1971 ,
(b) a person referred to in section 7(4) of that Act, or
(c) a credit institution (within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 ( S.I. No. 395 of 1992 )) which has been authorised by that Authority to carry on the business of a credit institution in accordance with the supervisory enactments within the meaning of those Regulations.
num: 49
paragraphs: — (1) Money paid or recovered in respect of an enforceable ICC order (including any variation of such an order) may, to any extent necessary, be applied to meet expenses incurred in exercising any powers under this Act and the remuneration of any person employed for that purpose.
(2) Any such money shall, after payment of any such expenses or remuneration, be transferred, in accordance with the directions of the Minister, to the International Criminal Court or, if so ordered by that Court, directly to the Trust Fund provided for in Article 79 for the benefit of victims of crimes within its jurisdiction and of families of those victims.
num: 50
paragraphs: — (1) In this section—
“ bodily sample ” means any of the following:
(a) a sample of blood, hair, urine or saliva;
(b) a nail clipping or any material found under a nail;
(c) a swab from any part of the body;
(d) a footprint or a similar impression of any part of the body, including a dental impression;
“ consent ” means consent in writing and a reference to the consent of a person is a reference to—
(a) in the case of a person who has attained the age of 17 years, the consent of that person,
(b) in the case of a person who has not attained the age of 17 years but has attained the age of 14 years, the consent of that person and of his or her parent or guardian, and
(c) in the case of a person who has not attained the age of 14 years, the consent of his or her parent or guardian;
“ dentist ” means a person whose name is entered for the time being in the Register of Dentists maintained under the Dentists Act 1985 ;
“ doctor ” means a person whose name is entered for the time being in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 ;
“ identification evidence ” means a fingerprint, palm print, iris identification or photograph of, or bodily sample from, a person and any related records.
(2) Subject to section 4 , the Minister may, in pursuance of a request from the International Criminal Court under Article 93.1(a) for assistance in obtaining identification evidence, send the request to the Commissioner of the Garda SÃ­ochÃ¡na for necessary action, if satisfied as to the matters mentioned in subsection (3).
(3) The matters referred to in subsection (2) are—
(a) that any identification evidence provided will be used only for the investigation or prosecution of an ICC offence, and
(b) that the evidence—
(i) will be returned by the Court when no longer required for that purpose, unless the Minister indicates otherwise, or
(ii) will be dealt with in accordance with subsections (12) and (13).
(4) If or in so far as the identification evidence requested is not in the possession of the Garda SÃ­ochÃ¡na, the Commissioner shall instruct a member of the Garda SÃ­ochÃ¡na (a “member”) to inform the person who is to provide the evidence—
(a) of the nature of the evidence,
(b) that it has been requested by the International Criminal Court in connection with the investigation or prosecution of an offence within its jurisdiction,
(c) that he or she is not obliged to provide the evidence, and
(d) that, if he or she does consent to provide it, it may be given in evidence in proceedings before the Court.
(5) If the person consents to provide the evidence, the member may take the evidence, or cause it to be taken, in compliance with the request and any requirements specified in the request in relation to its taking.
(6) If a person who is to provide the identification evidence is in custody—
(a) evidence may be taken under this section only if it relates to an offence other than that for which the person is in custody, and
(b) any evidence provided may be taken where the person is in custody or at another place.
(7) A bodily sample consisting of blood, pubic hair or a swab from a body orifice (other than the mouth) or a genital region may be taken under this section only by a doctor, and a dental impression may be so taken only by a dentist or doctor.
(8) If required by the Court, the Commissioner may arrange for a forensic test to be performed on a swab from a body orifice or a genital region.
(9) A sample of hair other than pubic hair may be taken under this section by cutting hairs or by plucking hairs singly with their roots and, where hairs are plucked, no more shall be plucked than the person taking the sample reasonably considers to be necessary to constitute a sufficient sample for the purpose of forensic testing or comparison purposes.
(10) The following particulars shall be recorded by the member who takes identification evidence—
(a) the place, time and date at which it was taken,
(b) the result of any forensic test on the evidence,
(c) any other relevant particulars, including any specified by the Court,
and the record shall include a copy of the consent to the taking of the evidence.
(11) The Commissioner shall send to the Minister any identification evidence—
(a) in the possession of the Garda SÃ­ochÃ¡na, or
(b) taken under subsection (5), together with a copy of the record made under subsection (10),
for transmission to the Court.
(12) When transmitting the identification evidence and record to the Court the Minister shall, if subsection (3)(b)(i) does not apply and subject to subsection (13), obtain an assurance that the evidence will be destroyed—
(a) if the person the subject of the investigation is not prosecuted, on the expiration of 12 months from the taking of the evidence, unless the failure to prosecute is due to the fact that the person has absconded or cannot be found, or
(b) if the person is prosecuted and is acquitted or discharged or the proceedings are discontinued, on the expiration of 21 days thereafter.
(13) The Minister may, at the request of the Court and having consulted the Director of Public Prosecutions, direct that any period mentioned in subsection (12) be extended for good reason.
num: 51
paragraphs: — (1) If, in accordance with paragraphs (a), (g) and (i) of Article 93, the International Criminal Court requests assistance in relation to—
(a) locating persons or identifying or locating items of property,
(b) examining places or sites, including the exhumation and examination of grave sites, or
(c) providing records or other documents,
the Minister shall, subject to section 4 and subsection (2), send the request to the Commissioner of the Garda SÃ­ochÃ¡na, and the Commissioner shall arrange for compliance with it.
(2) The Minister shall not proceed in accordance with subsection (1) unless the Court undertakes—
(a) that any material that may be furnished in response to the request will not, without the Minister's consent, be used for any purpose other than that specified in the request, and
(b) that the material will be returned when no longer required for the purpose so specified (or any other purpose for which such consent has been obtained), unless the Minister indicates that its return is not required.
(3) The Commissioner shall report to the Minister on the outcome of the action taken by the Garda SÃ­ochÃ¡na on the request, and the Minister shall transmit the report to the International Criminal Court.
(4) A member of the Garda SÃ­ochÃ¡na shall not enter any premises or place in furtherance of the request without the consent of the occupier or a warrant or an order under this section authorising the entry.
(5) A judge of the District Court, on production by a member of the Garda SÃ­ochÃ¡na of a copy of the request from the International Criminal Court and of any accompanying documents, may issue a warrant for the search of any premises or place if satisfied that there are reasonable grounds for believing—
(a) that entry to the premises or place is necessary for the purposes of complying with the request, and
(b) that the occupier thereof either—
(i) has not consented to the entry, or
(ii) is unlikely in the circumstances of the case to consent and that seeking consent might seriously prejudice compliance with the request.
(6) (a) This subsection applies where—
(i) the request relates to particular material or material of a particular description, and
(ii) it appears to the judge that there are reasonable grounds for believing—
(I) that the person named in the request possesses the material, and
(II) that he or she has not agreed to produce it or is unlikely in the circumstances of the case to do so and, in the latter case, that seeking consent might seriously prejudice compliance with the request.
(b) Where this subsection applies, the judge may order that the person named in the request shall, on production by a member of the Garda SÃ­ochÃ¡na of a copy of the order—
(i) produce the material to the member for the member to take away, or
(ii) give the member access to the material within the period specified in the order.
(c) The order shall also provide that in default of compliance a member of the Garda SÃ­ochÃ¡na shall search the premises concerned, and for that purpose the member may exercise the powers of search given by subsection (7).
(d) The judge may vary or discharge the order.
(7) A warrant under subsection (5) shall be expressed and operate to authorise a named member of the Garda SÃ­ochÃ¡na, accompanied by such other persons as may be necessary and on production of the warrant—
(a) to enter, within 7 days after the date of issue of the warrant, the premises or place named in the warrant, if necessary by the use of reasonable force,
(b) to search the premises or place and any person found there,
(c) where necessary to comply with the request and subject to subsection (12), to excavate the place or any part of it,
(d) to examine, seize and retain any material or other thing found there, or in the possession of a person present there at the time of the search, which the member reasonably believes to be evidence of or relating to the commission of an ICC offence or whose retention is necessary to comply with the request, and
(e) to take such other steps as appear to the member to be necessary for preserving any such material or thing and preventing interference with it.
(8) Where material referred to in subsection (6) or (7)(d) consists of material in non-legible form, the warrant or order shall have effect as an order to produce the material, or give access to it, in a form which is legible and in which it can be taken away.
(9) A warrant or an order under this section—
(a) does not confer any right to examine, seize or retain documents—
(i) which in the Minister's opinion are prejudicial to the security of the State, or
(ii) which are subject to legal privilege,
or to have the documents produced or to be given access to them, and
(b) subject to paragraph (a) and subsection (10), has effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed under any enactment or rule of law.
(10) Where the Court requests disclosure of any information or document which has been supplied in confidence to a Government department or other authority by or on behalf of the government of another state, the Minister shall in accordance with Article 73 (third-party information or documents)—
(a) if that state is a party to the Statute, either consent to disclosure or undertake to resolve the issue of disclosure with the Court, subject to Article 72 (protection of national security information), or
(b) in any other case, inform the Court that it is unable to provide the document or information because of the obligation of confidentiality to that government.
(11) A person who obstructs or hinders a member of the Garda SÃ­ochÃ¡na in the conduct of a search under this section is guilty of an offence and liable on summary conviction to a fine not exceeding €1,500 or imprisonment for a period of 6 months or both.
(12) (a) A body may not be exhumed by the Garda SÃ­ochÃ¡na from a place named in the warrant without an authorisation to do so by order of the Minister, on notice to the coroner for the coroner's district concerned.
(b) On such an exhumation the coroner concerned shall have the like powers and duties as if the body had not been buried.
(13) Any material seized or obtained by virtue of this section may, subject to section 4 , be transmitted to the International Criminal Court in accordance with the directions of the Minister, given after consultation with it.
(14) Where material obtained in response to the request consists of a document, the original or a copy shall be transmitted to the International Criminal Court and, where the material consists of any other article, the article itself or a description, photograph or other representation of it shall be so transmitted.
(15) For the purposes of obtaining any information that is necessary to comply with a request from the International Criminal Court for assistance in locating persons, the Commissioner of the Garda SÃ­ochÃ¡na, if of opinion that there is information as to the whereabouts or place of work of those persons in the possession or procurement of any person or body, may serve a notice on the person or body, requiring the person or body to provide in writing any such information within such time as may be specified in the notice.
(16) A person shall not be prevented from complying with such a notice by any enactment or rule of law preventing or restricting the disclosure of information (except information which in the Minister's opinion is prejudicial to the security of the State or which is subject to legal privilege).
(17) A person or body who or which does not, without reasonable excuse, comply with such a notice is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.
num: 52
paragraphs: — (1) This section applies where the Minister receives from the International Criminal Court a request under Article 93.1(b) for—
(a) the taking of evidence, including testimony on oath, from persons other than persons suspected of having committed an ICC offence or persons being investigated or prosecuted by the Court, or
(b) the production of evidence, including expert opinions and reports necessary to the Court.
(2) Where this section applies, the Minister may, subject to section 4 —
(a) request the President of the District Court to nominate a judge of that Court to receive the evidence to which the request relates, and
(b) send the judge a copy of the request and of any accompanying or related documents.
(3) For the purposes of this section the nominated judge—
(a) shall have the powers of the District Court in criminal proceedings, including its powers—
(i) in relation to securing the attendance of witnesses, the production of documents or other articles, the taking of evidence on oath and, subject to subsection (4), compelling witnesses to give evidence or produce documents or other things and the conduct generally of the proceedings for the taking of evidence, and
(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,
and
(b) may, if of opinion that it is necessary to protect—
(i) victims or witnesses or a person alleged to have committed an ICC offence, or
(ii) confidential or sensitive information,
direct that the proceedings before him or her, or any part of them, be held otherwise than in public.
(4) The judge shall inform a person in relation to whom this section applies of the rights referred to in paragraph 1 of Article 55 (rights of persons during an investigation).
(5) A person is not compelled to give in the proceedings any evidence which he or she could not be compelled to give in criminal proceedings in the State.
(6) Subject to subsection (5), any person who is summoned to give evidence in the proceedings and who, without reasonable excuse, fails or refuses to answer any question or to comply with a requirement to produce any document or other thing is guilty of an offence and liable, on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months or both.
(7) If at any stage of the proceedings it appears that there are grounds for suspecting that the person has committed an ICC offence, the judge shall—
(a) inform the person of his or her rights under paragraph 2 of Article 55,
(b) where necessary, order that the person be provided a competent interpreter, and
(c) order that legal aid be provided for the person if it appears to the judge that the person's means are insufficient to enable him or her to obtain such aid.
(8) On the making of an order under subsection (7)(c) the person shall be entitled to free legal aid in the proceedings and for that purpose section 2 of the Criminal Justice (Legal Aid) Act 1962 shall apply, with the necessary modifications, in relation to the person as if he or she had been granted a legal aid (District Court) certificate under that section.
(9) The judge shall—
(a) send the record of any evidence received under this section to the Minister for transmission to the Court, and
(b) supply any certificate or other form of authentication in relation to the evidence as may be required for compliance with the request.
(10) In subsection (3)(a)(ii) “enactment” includes the Criminal Law (Rape) Acts 1981 and 1990, Criminal Evidence Act 1992, Criminal Justice Act 1999 and Children Act 2001.
num: 53
paragraphs: — (1) This section applies where the Minister receives from the International Criminal Court a request under Article 93.1(c) for the questioning of any person who is suspected of having committed an ICC offence.
(2) Where this section applies, the Minister shall, subject to section 4 , send a copy of the request and any accompanying documents to the Commissioner of the Garda SÃ­ochÃ¡na.
(3) The Commissioner shall arrange for the questioning of the person concerned by a member or members of the Garda SÃ­ochÃ¡na in a Garda station.
(4) The person shall not be questioned in pursuance of the request unless he or she—
(a) consents to be questioned,
(b) has been informed of his or her rights, as referred to in Article 55,
(c) is provided, where necessary, with a competent interpreter and legal assistance in accordance with paragraph 2 of that Article.
(5) The consent may be given either—
(a) by the person concerned, or
(b) where, by reason of the person's physical or mental condition or his or her youth, it would be inappropriate for the person to act for himself or herself, by an appropriate person acting on the person’s behalf.
(6) The questioning shall be videorecorded and the recording, together with any form of authentication specified in the request, sent by the Commissioner to the Minister for transmission to the Court.
(7) The questioning shall, subject to this section, be conducted in accordance with any directions in that regard contained in the request.
num: 54
paragraphs: — (1) A request from the International Criminal Court for the service of documents, including summonses or other judicial documents, may, subject to section 4 , be sent by the Minister to the Commissioner of the Garda SÃ­ochÃ¡na.
(2) The Commissioner shall—
(a) cause the documents to be served in accordance with the request by a member of the Garda SÃ­ochÃ¡na and send proof of the service to the Minister for transmission to the Court, or
(b) if it is not possible to effect service, notify the Minister accordingly, stating the reason for the non-service.
(3) If the document to be served is a summons requiring attendance before the Court as a witness, it shall be accompanied by a notice stating—
(a) that the person on whom it is served may wish to seek advice as to the possible consequences of failure to comply with the summons,
(b) that under the Statute the person may not have the same rights and privileges in proceedings before the International Criminal Court as those of witnesses in criminal proceedings before a court in the State, and
(c) that, as the case may be, the Court—
(i) has provided an assurance to the person that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded his or her departure from the State, or
(ii) has authority under Article 93.2 to do so.
num: 55
paragraphs: — (1) This section applies where the Minister receives a request from the International Criminal Court under Article 93.1(f) for the temporary transfer to it of a person in custody in the State for identification purposes or for obtaining testimony or other assistance.
(2) The Minister may, subject to section 4 , by order require such a person—
(a) to be taken in custody from the place in which he or she is detained to a place of departure from the State for delivery into the custody of a person authorised in that behalf by the Court, and
(b) on the person's return from the Court, to be taken back in custody to the place where he or she was detained unless, in the case of a person serving a sentence of imprisonment or detention, the sentence has expired.
(3) An order under this section—
(a) may be made—
(i) only with the person's consent, or
(ii) where it appears to the Minister inappropriate for the person to give consent by reason of the person's physical or mental condition or his or her youth, only if consent has been given by a person appearing to the Minister to be an appropriate person to do so,
and
(b) may make the transfer subject to conditions, including conditions relating to—
(i) the return of the person to the State, and
(ii) the person's custody while outside the State.
(4) A person (other than a member of the Garda SÃ­ochÃ¡na) who has custody under subsection (2) of a person who is being taken from or to the place where he or she is or was detained is deemed for the purposes of that subsection to be such a member.
(5) If a person escapes from custody or is unlawfully at large while in transit in the State to or from the Court, he or she may be arrested without warrant by a member of the Garda SÃ­ochÃ¡na or other person in whose custody he or she is and taken to any place to which he or she may be taken in accordance with an order under this section.
(6) (a) A person who is serving a sentence of imprisonment or detention or who is otherwise in custody shall continue to serve the sentence or to remain in custody while the person is in transit to or from the place of departure or is in the custody of the Court.
(b) The Minister shall inform the Court of the date of expiry of any such sentence.
(7) In this section “custody” includes custody in the State while awaiting trial or sentence or in default of paying a fine or other sum due under an order of a court.
num: 56
paragraphs: — (1) In this section “ transferee ” means a person who—
(a) is being surrendered to the International Criminal Court under Article 89 by another state,
(b) is in custody in another state and is being temporarily transferred to the Court under Article 93.7, or
(c) is being transferred in accordance with Part 10 of the Statute between the Court and another state, or between such other states, to serve a sentence of imprisonment imposed by the Court,
and in relation to whom a request for transit has been transmitted in accordance with Article 87.
(2) Subject to Article 89.3, the Minister shall authorise transit through the State of a transferee unless transit would, in the Minister's opinion, impede or delay the surrender.
(3) The Minister may—
(a) attach to the authorisation any conditions that he or she considers to be necessary, and
(b) arrange for the person, while in transit through the State, to be supervised by a member of the Garda SÃ­ochÃ¡na.
(4) A transferee—
(a) shall, in accordance with Article 89.3(c), be detained on arrival in the State by a member of the Garda SÃ­ochÃ¡na, and
(b) is deemed to be in the custody of that member or of any other such member for the time being supervising the transferee.
(5) In addition to the information required by Article 89.3(b) to be contained in a request by the Court for transit, the Minister may require the Court to supply such further information in relation to the circumstances of the surrender or transfer of the transferee concerned as the Minister considers to be necessary or expedient.
num: 57
paragraphs: — Nothing in this Act shall be construed as preventing the provision to the International Criminal Court of assistance (other than assistance provided for under this Act) which is not prohibited by any other enactment or any rule of law.
num: 58
paragraphs: — (1) The International Criminal Court, while sitting in the State, may perform its functions under the Statute, and the provisions of the Statute in that behalf, including those relating to the Prosecutor and Part 8 thereof (appeal against or revision of decisions of a Trial Chamber of the Court), shall have effect accordingly.
(2) Orders made by the Court during a trial before it while so sitting (including orders for imprisonment or detention) shall have effect for all purposes as if they were orders made by the Central Criminal Court, and any relevant enactments and statutory instruments (including rules of court) shall have effect accordingly, with the necessary modifications.
(3) Any judgment, order or determination of the Court while so sitting is not subject to review by a court in the State.
num: 59
paragraphs: — (1) Subject to section 4 , the Prosecutor—
(a) may conduct investigations in the State—
(i) in accordance with Part 9 (International Cooperation and Judicial Assistance) of the Statute, or
(ii) in the circumstances mentioned in Article 57.3(d), if authorised by the Pre-Trial Chamber to do so,
and
(b) may directly execute in the State a request by the International Criminal Court for assistance, subject to compliance with paragraphs 4 and 5 of Article 99.
(2) Article 55 (rights of persons during an investigation) shall have effect in relation to such investigations.
num: 60
paragraphs: — (1) The International Criminal Court, its judges, the Prosecutor, Deputy Prosecutor, Registrar, other members of its staff and those other persons mentioned in Article 48 and the Agreement on the Privileges and Immunities of the International Criminal Court shall, in the absence of any waiver, have the privileges, immunities and facilities necessary for the purposes specified in relation to them in that Article or in the Agreement.
(2) For the purposes of subsection (1) Article 48 and the Agreement shall have effect in relation to the State.
(3) Judicial notice shall be taken of the Agreement.
num: 61
paragraphs: — (1) In accordance with Article 27, any diplomatic immunity or state immunity attaching to a person by reason of a connection with a state party to the Statute is not a bar to proceedings under this Act in relation to the person.
(2) In this section—
“ diplomatic immunity ” means any privilege or immunity attaching to a person by or under section 5 of the Diplomatic Relations and Immunities Act 1967 ;
“ state immunity ” means any privilege or immunity attaching to a head of state or the prime minister, foreign minister or other representative, official or agent of a state—
(a) by virtue of any enactment (except section 5 or 6 of the said Act of 1967), or
(b) under any rule of law;
“ state party to the Statute ” includes a state which has accepted the jurisdiction of the International Criminal Court in accordance with Article 12 (preconditions to the exercise of jurisdiction).
num: 62
paragraphs: — (1) This section applies where an investigation is taking place, or a prosecution has been instituted, in the State in respect of an ICC offence or other serious offence.
(2) Where this section applies, the Minister may request the International Criminal Court, in accordance with Article 93.10, to provide assistance in connection with the investigation or prosecution.
(3) In this section “serious offence” means an offence for which a person of full capacity and not previously convicted may be punished by a term of imprisonment for a term of 5 years or by a more severe penalty.
num: 63
paragraphs: — (1) In any proceedings—
(a) a document purporting—
(i) to be a request by the International Criminal Court for the arrest and surrender, or provisional arrest, of a person, or for any other form of assistance, or
(ii) to be a document (other than a document mentioned in paragraph (b)) supplied by the Court in relation to the request,
and to be signed by an officer of the Court is admissible, without further proof, as evidence of the request or document and of the matters mentioned in it,
(b) a document purporting—
(i) to be a copy of a warrant of arrest and surrender issued by the International Criminal Court or of a judgment or an order of the Court, and
(ii) to have been certified to be a true copy by an officer of the Court,
is admissible in evidence, without further proof, as a true copy of the warrant,
(c) a document purporting—
(i) to be a translation of a document mentioned in paragraph (a) or (b), and
(ii) to be certified as correct by a person appearing to be competent to do so,
is admissible, without further proof, as evidence of the translation,
(d) a document purporting to be a copy of the Rules of Procedure and Evidence or of the Elements of Crimes is admissible, without further proof, as evidence of those Rules or Elements,
(e) a document purporting to be a document received from the Court by fax is presumed, until the contrary is shown, to be the original document sent by the Court,
(f) a document purporting to be a certificate by the Minister that a state is or is not a state party to the Statute is admissible, without further proof, as evidence of that matter, and
(g) a document purporting to be a certificate by the Minister under section 38 (8)(b)(ii) is admissible, without further proof, as evidence of the matters mentioned in it.
(2) In any proceedings against a person for an offence under this Act a certificate purporting to be signed by an officer of the Department of Foreign Affairs and stating that—
(a) a passport was issued by the Department to the person on a specified date, and
(b) to the best of the officer's knowledge and belief, the person has not ceased to be an Irish national,
is admissible, without further proof, as evidence that the person was an Irish national on the date he or she is alleged to have committed the offence.
(3) In any proceedings it shall be presumed, until the contrary is shown, that requests by the Court for the arrest and surrender, or the provisional arrest, of a person or for any assistance under Article 93—
(a) have been duly made and transmitted in accordance with the relevant provisions of the Statute, and
(b) are being made in connection with the investigation or prosecution of offences within the jurisdiction of the Court.
num: 64
paragraphs: — (1) The Minister may from time to time make such regulations as appear to him or her to be necessary or expedient for giving full effect to this Act or any provision of it.
(2) Without prejudice to the generality of the foregoing, the regulations may provide for—
(a) matters ancillary to the execution of requests by the Court for assistance,
(b) (i) retaining, preserving or protecting documents or other articles seized or otherwise obtained in the course of complying with a request by the Court for assistance,
(ii) sending them to the Court, and
(iii) where appropriate, returning them to the person from whom they were seized or disposing of them otherwise,
(c) matters necessary or expedient for giving full effect to any investigations or sittings of the International Criminal Court in the State, and
(d) the text for the time being of the Rules of Procedure and Evidence and the Elements of Crimes.
(3) Regulations under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after they are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.
num: 65
paragraphs: — Section 7 (request for extradition of same person) of the International War Crimes Tribunals Act 1998 is amended by the substitution of the following paragraph for paragraph (b):
“(b) proceedings relating to a European arrest warrant within the meaning of the European Arrest Warrant Act 2003 , unless the High Court has made an order under section 15 or subsection (1) or (2) of section 16 of that Act for the person’s surrender,”.
num: 66
paragraphs: — Schedule 3 shall have effect in relation to the amendments of enactments provided for therein.