The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Isle of Man) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/282/made/data.htm?wrap=true
Published: 1997-02-12

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by certain resolutions adopted on 25th May 1993 and 8th November 1994, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to the former Yugoslavia and Rwanda:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, commencement and extent

1.—(1) This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Isle of Man) Order 1997 and shall come into force on 12th March 1997.

(2) This Order extends to the Isle of Man.

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“appropriate judicial officer” means the High Bailiff, or a deputy High Bailiff;

“Chancery Division” means the Chancery Division of the High Court;

“competent court” means a court consisting of an appropriate judicial officer;

“court of summary jurisdiction” has the meaning given by section 3 of the Interpretation Act 1976 (an Act of Tynwald);

“custody” has the meaning given by section 26 of the Custody Act 1995 (an Act of Tynwald);

“delivery order” means—

(a)
an order for delivery up made under article 6 or under that article as applied by article 5, including one made following an application under article 7,

(b)
an order for delivery up made under article 8(4) or article 9(5);

“the High Court” means the High Court of Justice of the Isle of Man;

“institution” has the meaning given by section 26 of the Custody Act 1995 (an Act of Tynwald);

“the International Tribunals” means—

(a)
the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 11 of the Statute;

(b)
the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states, between 1st January 1994 and 31st December 1994, established by Resolution 995 (1994) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 10 of the Statute;

“International Tribunal crime” means a crime in respect of which the International Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of “the International Tribunals” above has jurisdiction under the Statute;

“national court” means a court in the Isle of Man;

“prisoner” means a person serving a sentence in an institution;

“the Prosecutor” means the Prosecutor responsible under the Statute for the investigation and prosecution of persons in accordance with the Statute and the Rules;

“the Registrar” means the Registrar appointed under the Statute by the Secretary-General of the United Nations;

“the Rules” means the rules of procedure and evidence of the Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of “the International Tribunals” above;

“Staff of Government Division” means the Staff of Government Division of the High Court;

“the Statute” means—

(a)
in relation to the International Tribunal specified in sub-paragraph (a) of the definition of “the International Tribunals” above, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 1996(2);

(b)
in relation to the International Tribunal specified in sub-paragraph (b) of that definition, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Rwanda) Order 1996(3);

“transfer warrant” means a warrant issued under article 9(2).

(2) Unless the context otherwise requires, any reference in this Order to an Act of Parliament or to a provision of an Act of Parliament is a reference to that Act or provision as it has effect in the Isle of Man.

(3) A reference in this Order to arrangements by the Secretary of State with the Registrar or with another state is a reference to arrangements of a general nature or to arrangements relating to a particular case or group of cases.

(4) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article which bears that number in this Order, and any reference to a numbered paragraph in an article of this Order is a reference to the paragraph bearing that number in that article.

Purpose of this Order

3.—(1) This Order has effect for the purpose of enabling the Isle of Man to co-operate with the International Tribunals in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.

(2) In particular, but without prejudice to the generality of paragraph (1), this Order has effect—

(a)to provide for the arrest and delivery to the International Tribunal concerned of persons accused or convicted of an International Tribunal crime and for the arrest in cases of urgency of persons suspected of having committed an International Tribunal crime,

(b)to secure the attendance before the International Tribunals of persons as witnesses or to assist in investigations,

(c)to give effect to requests by the International Tribunals for the discontinuance of certain proceedings in courts constituted under the law of the Isle of Man,

(d)to provide the International Tribunals with other forms of assistance in the investigation and prosecution of International Tribunal crimes,

(e)to enforce orders of the International Tribunals for the preservation or restitution of property and to give effect to requests to determine the ownership of property,

(3) Nothing in this Order shall be construed as preventing the provision of assistance to the International Tribunals otherwise than under this Order.

PART IARREST AND DELIVERY OF PERSONS TO THE INTERNATIONAL TRIBUNALS

Endorsement of warrants of arrest

4.—(1) Where the Secretary of State receives from either of the International Tribunals a warrant of arrest issued by that International Tribunal in respect of a person who is believed to be in or on his way to the Isle of Man (including such a warrant issued or received before the commencement of this Order), the Secretary of State shall transmit the warrant to an appropriate judicial officer who shall, subject to paragraph (2), endorse the warrant for execution in the Isle of Man.

(2) A warrant for the arrest of a person convicted by one of the International Tribunals shall not be endorsed under this article unless the purpose of the arrest is to enable him—

(a)to be brought before that International Tribunal, or

(b)to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal.

Provisional warrants of arrest

5.—(1) Where the Secretary of State—

(a)receives a request from either of the International Tribunals for the arrest of a person who is believed to be in or on his way to the Isle of Man and who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal, and

(b)the request is not accompanied by a warrant but is made on the grounds of urgency,

the Secretary of State shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person.

(2) On an application by a constable stating on oath that he has reason to believe—

(a)that a request has been made on grounds of urgency by one of the International Tribunals for the arrest of a person who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal,

(b)that the person concerned is in or on his way to the Isle of Man, and

(c)that the purpose of the arrest is to enable the person concerned to be brought before that International Tribunal or, as the case may be, to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal,

an appropriate judicial officer may issue a warrant (“a provisional warrant”) for the arrest of that person, and shall if he issues such a warrant notify the Secretary of State that he has done so.

(3) A person arrested under a provisional warrant shall be brought before a competent court as soon as is practicable, and—

(a)if an endorsed warrant in respect of that person is produced to the court, the court shall proceed as if he had been arrested under that warrant, and article 6 shall apply accordingly,

(b)if no such warrant is produced, the court may, pending the production of the warrant, remand him for not more than 18 days at a time, so however that the total period of remands does not exceed 40 days in all.

(4) If at any time an endorsed warrant relating to a person remanded under this article is produced to the court which remanded him, the court shall determine the period of remand and the person shall thereafter be treated as if arrested at that time under the endorsed warrant.

(5) If an endorsed warrant relating to a person remanded under this article is not produced within the period of the remand (including any extension of that period) to the court which remanded him, he shall be discharged by the court.

(6) In this article and in article 6 “endorsed warrant” means a warrant of arrest issued by the International Tribunal which made the request referred to in paragraph (1), endorsed in accordance with article 4.

Proceedings before competent court after arrest

6.—(1) So soon as is practicable after a person is arrested under an endorsed warrant, he shall be brought before a competent court; and the court shall, subject to the following provisions of this article, make the appropriate order and remand him until it is executed.

(2) Where the purpose of the arrest is to enable the person to be brought before the International Tribunal which issued the warrant, the appropriate order is that the person be delivered up into the custody of that International Tribunal in accordance with arrangements made by the Secretary of State with the Registrar.

(3) Where the purpose of the arrest is to enable the person to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal, the appropriate order is that the person be delivered up into the custody of the state where that place is situated in accordance with arrangements made by the Secretary of State with that state.

(4) If it is shown to the satisfaction of the competent court that other criminal proceedings (not being proceedings under the Extradition Act 1989(4) or the Backing of Warrants (Republic of Ireland) Act 1965(5)) have been instituted in respect of the arrested person in a national court and that those proceedings—

(a)have not been finally determined so far as they relate to conduct which would not constitute an International Tribunal crime, or

(b)have not been discontinued (whether in pursuance of this Order or otherwise) so far as they relate to conduct which would constitute an International Tribunal crime,

the proceedings under this article shall be adjourned and the competent court may remand the arrested person until the other criminal proceedings have been finally determined or have been discontinued, as the case may be.

(5) An order shall not be made under paragraph (1) if it is shown to the satisfaction of the competent court—

(a)that the document purporting to be a warrant issued by the International Tribunal concerned is not such a warrant or that it has not been endorsed in accordance with article 4, or

(b)that the person brought before the court is not the person named or described in the warrant, or

(c)where the person has not been convicted by the International Tribunal concerned of the offence specified in the warrant or any accompanying document, that the offence is not an International Tribunal crime, or

(d)notwithstanding that the offence is an International Tribunal crime, that the person would if he were charged with it in the Isle of Man be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(6) If the competent court refuses to make an order under paragraph (1), it shall make an order remanding the person arrested until the Secretary of State has been notified of its decision and of the grounds thereof; and—

(a)if the Secretary of State on being so notified immediately informs the court that he intends to question the decision on the ground that it is wrong in law, the order remanding the person arrested shall continue to have effect, except as otherwise provided by this Order, so long as the case is pending,

(b)if the court is not so informed, the person arrested shall be discharged.

(7) Nothing in this Order shall be construed as requiring a competent court to be satisfied that there is evidence sufficient to warrant the trial of an accused person by the International Tribunal concerned.

(8) Where a competent court makes an order under paragraph (1) in respect of a person—

(a)who has been committed under section 9 of or paragraph 7 of Schedule 1 to the Extradition Act 1989, or

(b)who has been ordered to be delivered up under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965, or

(c)in respect of whom an order, other than a sentence of custody, has been made in criminal proceedings which have been finally determined,

it may make such other order as is necessary to give effect to the endorsed warrant; and such other order may suspend or revoke a warrant, sentence (not being a sentence of custody) or other order made by that or any other court or any Deemster or Justice of the Peace in respect of the person.

Statement of case by competent court

7.—(1) If a competent court refuses to make a delivery order in relation to a person under article 6, the Secretary of State may question the decision on the ground that it is wrong in law by applying to the court to state a case for the opinion of the Chancery Division on the question of law involved.

(2) The following provisions shall have effect with respect to an application made under paragraph (1)—

(a)the application must be made within the period of 21 days following the day on which the order was refused unless the court allows a longer period;

(b)the application must be made in writing and identify the question or questions of law on which the opinion of the Chancery Division is sought;

(c)within 21 days after the receipt of the application the competent court shall send a draft stated case to the applicant and to the person to whom the warrant relates or his advocate and shall allow each party 21 days from the date of the sending of the draft stated case within which to make representations on it;

(d)within 21 days after the latest day on which such representations may be made the court shall, after considering any such representations and making such adjustments, if any, to the draft case as it thinks fit, state and sign the case and shall send the case to the applicant and send a copy of the case to the person to whom the warrant relates or his advocate.

(3) If the court fails to state and sign a case within the period required by paragraph (2), the Chancery Division may, on the application of the Secretary of State, make an order requiring it to do so.

(4) The Chancery Division shall have power—

(a)to remit the case to the competent court to decide it according to the opinion of the Chancery Division on the question of law, or

(b)to dismiss the application.

(5) If the Chancery Division dismisses the application, the Secretary of State may appeal to the Staff of Government Division.

(6) An order for the remand of an arrested person which continues to have effect by virtue of article 6(6) shall cease to have effect if—

(a)an application under paragraph (1) is not made by the Secretary of State within the period mentioned in paragraph (2)(a), or

(b)the Chancery Division dismisses the application and the Secretary of State does not immediately inform the Chancery Division that he intends to appeal to the Staff of Government Division, or

(c)having informed the Chancery Division under sub-paragraph (b) that he intends to appeal, the Secretary of State does not then file a petition of appeal within six weeks, or

(d)the Secretary of State withdraws the appeal, or

(e)the Staff of Government Division dismisses the appeal and the Secretary of State does not either immediately apply for leave to appeal to the Judicial Committee of the Privy Council or inform the Staff of Government Division that he intends to apply for leave, or

(f)leave to appeal to the Judicial Committee of the Privy Council is refused or the appeal is dismissed.

Securing attendance of person as witness or to assist in investigations

8.—(1) This article applies where the Secretary of State receives from either of the International Tribunals an order for the attendance before the International Tribunal of a person in the Isle of Man who—

(a)has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, and

(b)has failed to comply with the process,

and the order is accompanied by a request for assistance in enforcing it.

(2) The Secretary of State shall transmit the order to an appropriate judicial officer, who shall issue a warrant for the arrest of the person named or described in the order.

(3) A person arrested in pursuance of a warrant issued under paragraph (2) shall be brought before a competent court as soon as practicable.

(4) If the competent court is satisfied that—

(a)the person arrested is the person named or described in the warrant and in the order of the International Tribunal concerned, and

(b)he has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal, and

(c)he has failed to comply with the process,

the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of that International Tribunal and shall remand him until the order has been executed.

(5) If the competent court does not make an order under paragraph (4) and the person arrested is not remanded, the court shall order his discharge.

Transfer of prisoner to give evidence or to assist in investigations

9.—(1) This article applies where the Secretary of State receives a request from either of the International Tribunals for the transfer of a prisoner into the custody of that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes.

(2) If the prisoner consents to the transfer, the Secretary of State shall issue a warrant (“a transfer warrant”) requiring the prisoner to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.

(3) The consent of a prisoner for the purposes of paragraph (2) may be given either—

(a)by the prisoner himself, or

(b)in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner’s physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf,

but a consent once given shall not be capable of being withdrawn after the issue of the transfer warrant.

(4) If the prisoner, or the person acting on his behalf, refuses consent to the transfer, the prisoner shall, as soon as is practicable, be brought before a competent court.

(5) If the competent court is satisfied that the prisoner is the person named or described in the request referred to in paragraph (1), the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.

(6) If an order is made under paragraph (5) the prisoner shall be remanded until it has been executed; and if no such order is made the prisoner shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.

(7) This article applies to a person in custody awaiting trial or sentence and a person committed to an institution for default in paying a fine as it applies to a prisoner and a reference in this article to a sentence shall be construed accordingly.

Review of orders of competent court

10.—(1) Where a delivery order is made by a competent court in respect of any person—

(a)he shall not be delivered up under the order until the expiration of the period of 15 days beginning with the date on which the order is made, unless he gives notice in accordance with paragraph (3) that he consents to his earlier delivery up;

(b)if within that period an application is made by petition of doleance for him to be delivered up, he shall not be so delivered up while proceedings on the application are pending;

and the competent court shall inform him that he will not be delivered up under the order during the said period of 15 days unless he gives notice as aforesaid, and that he has the right to make such an application.

(2) For the purposes of this article proceedings on an application by petition of doleance shall be treated as pending until any appeal in those proceedings is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if not brought or made within that time.

(3) Where notice is given by a person consenting to his earlier delivery up—

(a)the notice shall be signed in the presence of a justice of the peace;

(b)a notice given by a person in custody shall be delivered to the officer in charge of the institution in which the person is detained;

(c)a notice given by a person on bail shall be delivered to the police officer in charge of the police station specified in his recognisance;

and the delivery of a notice given by a person on bail shall be effective if the notice is sent by post in a registered letter or by recorded delivery service addressed to the appropriate person specified in sub-paragraph (c) of this paragraph.

(4) It shall be the duty of the person receiving any such notice to ensure that the notice is attached to the order for the delivery up of the person concerned.

Remand and bail

11.  Where by virtue of this Order a court has power to remand a person, the court may—

(a)remand him in custody, that is to say, commit him for the period of the remand to an institution or to the custody of a constable;

(b)if it is satisfied that there are no substantial grounds for believing that the person, if released on bail, would fail to surrender to custody, remand him on bail in accordance with the Bail Act 1952 (an Act of Tynwald) in the same manner as a person charged with an offence before a court of summary jurisdiction;

but nothing in this article shall be taken as authorising the remand on bail of a person who is serving a term of custody to which he has been sentenced by a national court.

Discharge of persons not delivered up

12.—(1) Where either of the International Tribunals informs the Secretary of State that a person arrested in pursuance of this Order is no longer required to be delivered up into its custody or, as the case may be, into the custody of a state for imprisonment there, the Secretary of State shall notify an appropriate judicial officer; and the appropriate judicial officer shall, on receipt of such notification, make an order for the discharge of the person arrested.

(2) If a person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, the Chancery Division, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

(3) The Secretary of State shall revoke a transfer warrant if he is informed, before it has been executed, that the International Tribunal concerned no longer requires the attendance of the prisoner to whom the warrant relates.

PART IIDISCONTINUANCE OF PROCEEDINGS IN NATIONAL COURTS

Discontinuance of relevant proceedings

13.—(1) This article applies where the Secretary of State receives from either of the International Tribunals a request in accordance with the Statute and the Rules that a national court should defer to the competence of that International Tribunal by discontinuing proceedings to which the request relates.

(2) The Secretary of State shall transmit the request to the court in which the proceedings are taking place by a notice addressed to the appropriate person; and for the purposes of this paragraph the appropriate person in the case of a court mentioned below is the person or authority indicated—

Court of summary jurisdiction
Clerk to the Justices

Chancery Division
Chief Registrar

Staff of Government Division
Chief Registrar

Judicial Committee of the Privy Council
Registrar.

(3) If the court to which a request is transmitted is satisfied that—

(a)the request relates to relevant proceedings within the meaning of this article, and

(b)in the case of proceedings which are relevant proceedings by virtue of paragraph (5)(a), those proceedings are in respect of conduct which would constitute an International Tribunal crime,

the court shall order the discontinuance of the proceedings and may make such other orders as are appropriate to give effect to the request, including the revocation of a warrant of arrest issued in connection with the proceedings.

(4) For the purpose of considering a request transmitted to it in pursuance of this article, the court may adjourn the proceedings for such period or periods, and on such conditions, as it deems fit; and if the court is not satisfied as to the matters specified in paragraph (3), it shall make no order for the discontinuance of the proceedings.

(5) Relevant proceedings within the meaning of this article are—

(a)proceedings in a court of summary jurisdiction or the Court of General Gaol Delivery in connection with an offence triable on information of which the accused has not yet been convicted,

(b)proceedings under the Extradition Act 1989(6) relating to a person in respect of whom an arrest warrant has been issued pursuant to section 8 of or paragraph 5 of Schedule 1 to that Act or proceedings in connection with such proceedings, or

(c)proceedings under the Backing of Warrants (Republic of Ireland) Act 1965(7) relating to a person in respect of whom a warrant has been endorsed pursuant to section 1 of that Act or a provisional warrant has been issued pursuant to section 4 of that Act or proceedings in connection with such proceedings.

(6) The discontinuance of any proceedings in pursuance of a request by either of the International Tribunals shall not of itself prevent—

(a)the institution of fresh proceedings in a national court, or

(b)the issue under section 7 of the Extradition Act 1989 of a fresh authority to proceed or the making of a fresh order by the Secretary of State under paragraph 4 of Schedule 1 to that Act, or

(c)the endorsement of a fresh warrant or the issue of a fresh provisional warrant under the Backing of Warrants (Republic of Ireland) Act 1965,

in respect of the same offence.

PART IIIOTHER FORMS OF ASSISTANCE TO THE INTERNATIONAL TRIBUNALS

Transmission of information and records

14.—(1) This article applies where the Secretary of State receives from either of the International Tribunals—

(a)a request for information relating to any relevant proceedings within the meaning of article 13 or to any investigation of conduct which would constitute an International Tribunal crime, or

(b)as part of a request mentioned in article 13(1), a request for the forwarding of the results of any investigation of conduct relating to relevant proceedings within the meaning of article 13 and a copy of the court’s record.

(2) The Secretary of State shall take such steps as appear to him to be appropriate to secure the production to him of the information or record requested and on its production to him shall transmit it to the International Tribunal which made the request.

Search etc. for material relevant to International Tribunal investigation

15.—(1) If, on an application made by the Secretary of State, it appears to an appropriate judicial officer—

(a)that proceedings have been instituted for the indictment of a person by either of the International Tribunals or that a person has been arrested in the course of an investigation by either of the International Tribunals, and

(b)that the conduct constituting the International Tribunal crime which is the subject of the proceedings or investigation would constitute an offence punishable by custody if it had occurred in the Isle of Man,

the appropriate judicial officer shall have the like power to grant a warrant authorising entry, search and seizure by any constable as he would have at common law in respect of any offence punishable by custody if it had occurred in the Isle of Man.

(2) No application for a warrant shall be made by virtue of paragraph (1) except in pursuance of a request received by the Secretary of State from one of the International Tribunals, and any evidence seized by a constable by virtue of this article shall be furnished by him to an appropriate judicial officer for transmission to the International Tribunal which made the request.

(3) If in order to comply with the request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in a direction given by the Secretary of State.

(4) Where the evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

Evidence for International Tribunal use

16.—(1) This article applies where the Secretary of State receives from either of the International Tribunals a request for assistance in obtaining evidence in the Isle of Man in connection with proceedings that have been instituted before that International Tribunal or an investigation that is being carried on by it.

(2) If the Secretary of State is satisfied—

(a)that an International Tribunal crime has been committed or that there are reasonable grounds for suspecting that such a crime has been committed, and

(b)that proceedings in respect of that crime have been instituted before the International Tribunal or that an investigation is being carried on by it,

he may, if he thinks fit, by notice in writing nominate a court in the Isle of Man to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.

(3) In this article “evidence” includes documents and other articles.

(4) For the purpose of proceedings before a nominated court—

(a)paragraphs 1, 2, 5 and 6 of Schedule 2 to the Criminal Justice Act 1991 (an Act of Tynwald) shall have effect, and

(b)paragraph 3 of that Schedule shall have effect as if—

(i)sub-paragraph (3) of that paragraph and any reference to it were omitted, and

(ii)for any reference to criminal proceedings in the country from which the request for the evidence has come there were substituted a reference to proceedings before the International Tribunal concerned.

(5) In proceedings before a nominated court the court may, if it thinks it necessary in the interests of justice, direct that the public be excluded from the court.

(6) A nominated court shall ensure that a register is kept of the proceedings which indicates in particular—

(a)which persons with an interest in the proceedings were present,

(b)which of those persons were represented and by whom, and

(c)whether any of those persons were denied the opportunity of cross-examining a witness as to any part of his testimony,

but save as authorised by the Secretary of State or with the leave of the court, the register shall not be open to inspection.

(7) The evidence received by the nominated court, together with the register of the proceedings, shall be furnished to the Secretary of State for transmission to the International Tribunal which made the request.

(8) If in order to comply with the request it is necessary for the evidence or deposition to be accompanied by any certificate, affidavit or other verifying document, the court shall also furnish for transmission such document of that nature as may be specified in the notice nominating the court.

(9) Where evidence consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.

Service of process

17.—(1) This article applies where the Secretary of State receives from either of the International Tribunals—

(a)a summons or other process requiring a person (not being a prisoner) to appear before that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, or

(b)a document notifying interested parties of a special hearing to determine the matter of restitution of specified property or the proceeds thereof and affording them the opportunity to justify a claim to the property or its proceeds,

together with a request for it to be served on a person in the Isle of Man.

(2) The Secretary of State may cause the process or document to be served by post or, if the request is for personal service, direct the Chief Constable to cause it to be personally served on him.

(3) Service by virtue of this article of any process mentioned in paragraph (1)(a) imposes an obligation to comply with it; and any such process shall be accompanied by a notice stating the effect of this paragraph and of article 8 (securing attendance of person as witness or to assist in investigations).

(4) Any document mentioned in paragraph (1)(b) shall indicate that the person on whom it is served may wish to seek advice as to the possible consequences of failing to justify a claim.

(5) Where the Chief Constable is directed under this article to cause any process or document to be served he shall after it has been served forthwith inform the Secretary of State when and how it was served and (if possible) furnish him with a receipt signed by the person on whom it was served; and if the Chief Constable has been unable to cause the process or document to be served he shall forthwith inform the Secretary of State of that fact and of the reason.

Enforcement of orders for the preservation or restitution of property

18.—(1) Where the Secretary of State receives from either of the International Tribunals—

(a)an order for provisional measures for the preservation and protection of property or the proceeds of property, or

(b)an order for the restitution of property or the proceeds of property,

and the property is, or, as the case may be, the proceeds are, believed to be in the Isle of Man the Secretary of State shall append to the order a direction that it be registered for enforcement in the Isle of Man.

(2) The court shall register the order on the application of the person entitled to enforce it; but—

(a)where it is shown that an order has been partly complied with at the date of application for its registration, the court shall register the order only so far as it has not been complied with at that date, and

(b)where, after the date of registration of an order, it is shown that the order had been partly or wholly complied with at that date, the court shall vary or cancel the registration of the order accordingly with effect from that date.

(3) For the purposes of enforcement of an order registered under this article—

(a)the order shall have the same force and effect,

(b)the court shall have in relation to its enforcement the same powers, and

(c)proceedings for or with respect to its enforcement may be taken,

as if the court had originally made the order.

(4) Where the International Tribunal concerned makes an order (a “suspending order”) that enforcement of a registered order be suspended, the suspending order shall, on its production to the court, be registered immediately; and—

(a)the suspending order shall have effect as if it had been an order made by the court which stayed the execution of the original registered order for the same period and on the same conditions as are stated in the suspending order, and

(b)while the suspending order remains in force, no steps shall be taken to enforce the original registered order.

(5) The reasonable costs and expenses of and incidental to the registration of an order under this article (including any variation or cancellation of the registration) shall be recoverable as if they were sums recoverable under the order.

(6) In this article and article 19 “the court” means the Chancery Division.

Proceedings to determine the ownership of property

19.  Where the Secretary of State receives a request from either of the International Tribunals to determine the ownership of property or the proceeds of property and the property is, or, as the case may be, the proceeds are, believed to be in the Isle of Man, he may make an application to the court for a decision as to the ownership of the property or proceeds.

PART IVSUPPLEMENTARY PROVISIONS

Warrants of arrest

20.—(1) For the purposes of any enactment or rule of law relating to warrants of arrest but subject to any other provisions of this Order—

(a)a warrant endorsed in accordance with article 4,

(b)a provisional warrant issued under article 5, and

(c)a warrant issued under article 8,

in the Isle of Man shall be treated as if it were a warrant for the arrest of a person charged with an offence committed in the Isle of Man.

(2) A warrant mentioned in paragraph (1) may be executed in the Isle of man and may be so executed by any constable.

(3) A person arrested under a warrant mentioned in paragraph (1) shall be deemed to continue in legal custody until, in accordance with this Order, he is brought before a competent court; and article 22 shall accordingly apply in relation to that person as it applies in relation to a person in respect of whom a delivery order or transfer warrant is in force.

Proceedings before a competent court under article 6, 8 or 9

21.  For the purposes of proceedings under article 6, 8 or 9, a competent court in the Isle of Man shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested either in custody or on bail, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the Legal Aid Act 1986 (an Act of Tynwald) relating to such proceedings or any appellate proceedings following thereon shall apply to that person.

Legal custody

22.—(1) A person in respect of whom a delivery order or transfer warrant is in force shall be deemed to be in legal custody at any time when, being in the United Kingdom or on board—

(a)any British ship (within the meaning of the Merchant Shipping Act 1995(8)),

(b)any British-controlled aircraft or hovercraft (within the meaning of section 92 of the Civil Aviation Act 1982(9) or, as the case may be, that section as applied to hovercraft by virtue of provision made under the Hovercraft Act 1968(10), or

(c)any ship, aircraft or hovercraft belonging to, or exclusively employed in the service of, Her Majesty in right of the Government of the United Kingdom,

he is being taken under the order or warrant to or from any place or is being kept in custody under the order or warrant or, pending the execution of the order or warrant, on remand.

(2) A person authorised by or for the purposes of a delivery order or transfer warrant to take another person to or from any place or to keep that person in custody shall have all the powers, authority, protection and privileges—

(a)of a constable in the part of the United Kingdom in which that person is for the time being, or

(b)if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the other person is to be taken.

(3) If a prisoner or any person who is in custody by virtue of this Order escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place where or to which, by virtue of this Order, he is required to be or to be taken.

(4) In paragraph (3) “constable” , in relation to any part of the United Kingdom, means any person who is a constable in that or any other part of the United Kingdom or any person who, at the place in question has, under any enactment or under paragraph (2), the powers of a constable in that or any other part of the United Kingdom.

(5) For the purposes of this article—

(a)the Isle of Man shall be deemed to form part of the United Kingdom; and

(b)a person to whom this article applies shall be deemed to be in legal custody while he is in the course of being transferred from the Isle of Man to the United Kingdom.

Custodial sentences under the law of the Isle of Man

23.—(1) Where in pursuance of this Order a person who is a prisoner is delivered up into the custody of—

(a)either of the International Tribunals, or

(b)a state where he is to undergo imprisonment under a sentence of either of the International Tribunals,

the prisoner shall continue to be liable to complete any term of custody to which he has been sentenced by a national court; but there shall be counted towards the completion of that term any time during which he is in the custody of that International Tribunal or another state.

(2) Where in pursuance of this Order a court orders the discharge of a person who is a prisoner, the discharge is without prejudice to the liability of the prisoner to complete any term of custody to which he has been sentenced by a national court; and accordingly a prisoner to whom such an order relates and whose sentence has not expired shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.

(3) Where in pursuance of this Order a delivery order is made or transfer warrant is issued in respect of a person who is a prisoner, the order or warrant may include provision authorising the return of the prisoner into the custody of the Secretary of State—

(a)in accordance with arrangements made by the Secretary of State with the Registrar, or

(b)in the case of a prisoner taken to a place where he is to undergo imprisonment under a sentence of either of the International Tribunals, in accordance with arrangements made by the Secretary of State with the state where that place is situated,

and for his transfer in custody to the place where he is liable to be detained under the sentence to which he is subject.

Evidence

24.—(1) For the purposes of this Order and any connected proceedings, an International Tribunal document may be taken to be such a document and to have been duly issued or made (and it shall accordingly be received in evidence without further proof) if—

(a)it purports to have been issued or made in accordance with the Statute or the Rules or, in the case of a request to the Secretary of State, for the purposes of this Order, or

(b)it is verified by a certificate purporting to be signed by the President of the International Tribunal concerned, the Registrar or the Prosecutor certifying that the document is an International Tribunal document or, as the case may be, a true copy of such a document.

(2) In this article “International Tribunal document” means—

(a)a warrant, order, summons or other process of either of the International Tribunals,

(b)a copy of such warrant, order, summons or other process, or

(c)a request to the Secretary of State by either of the International Tribunals,

and the reference to the President of the International Tribunal, the Registrar or the Prosecutor includes a reference to any person lawfully exercising the functions of the President, the Registrar or the Prosecutor, as the case may be.

(3) Judicial notice shall be taken of the Statute, the Rules and the seal of each of the International Tribunals.

N. H. Nicholls
Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)
This Order makes provision as respects the Isle of Man to implement resolutions of the Security Council of the United Nations relating to the former Yugoslavia and Rwanda.
The Order has the effect for the purpose of enabling the Isle of Man to co-operate with—
(a)the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations; and
(b)the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states, between 1st January 1994 and 31st December 1994, established by Resolution 995 (1994) of the Security Council of the United Nations,
(“International Tribunals”) in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.


(1)
1946 c. 45.

(2)
S.I. 1996/716.

(3)
S.I. 1996/1296.

(4)
1989 c. 33.

(5)
1965 c. 45.

(6)
1989 c. 33.

(7)
1965 c. 45.

(8)
1995 c. 21.

(9)
1982 c. 16, as extended, and modified in its extension, to the Isle of Man by S.I. 1995/1297.

(10)
1968 c. 59.
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