Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Wednesday, 29 October 2008. It occurred during Debates on delegated legislation on International Criminal Court (Remand Time) Order 2008.
International Criminal Court (Remand Time) Order 2008
As I am sure that in 2001 the International Criminal Court Act received the closest scrutiny in this House—I was not here and therefore was not part and parcel of that process—I want to ask a couple of questions, and I hope this does not sound as though I should know the answer. This order relates to a provisional warrant, which by definition is not a full warrant. What is being proposed is that under a provisional warrant, the maximum period of remand on the first occasion should be 18 days and the total amount of time should be 60 days. That is clear. What I am not clear about is what happens when the full warrant is issued. Presumably under the full warrant, the process starts all over again. It would be interesting to know what the absolute maximum amount of time under any International Criminal Court warrant is; that is, under both the provisional and the full warrant. It may be that they are one and the same thing—and this is where I apologise because my ignorance of the previous legislation is now going to show—but there is a possibility that 60 days is not the limit on the time that someone might be held on remand in custody under this international warrant. That is my first question. The second concerns the appeal procedure under the warrant, and to whom an appeal against the warrant is made. Under an international warrant, presumably the offence does not have to be one that would be an offence in this country; it could be something which is an offence in another country, but not applicable here. There has been a recent case under the European arrest warrant where the offence was not related to one that we would recognise. To whom is an appeal made against arrest under the warrant? Is it to a judge in this country, is to the High Court, or are there no appeal proceedings? Those are the two main questions and I hope that the noble Lord will be able to answer them.
Secondary information
- Type
- Proceeding contribution
- Reference
- 704 c20GC
- Session
- 2007-08
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Appeals Crime Arrest warrants Crimes against humanity Genocide International Criminal Court Remand in custody
- Legislation
- International Criminal Court (Remand Time) Order 2008
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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