International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Bailiwick of Guernsey) Ordinance, 2024

International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Bailiwick of Guernsey) Ordinance, 2024

THE STATES, in pursuance of their Resolution of the 24^th September, 2013[a], and in exercise of the powers conferred on them by section 43 of the International Criminal Court (Bailiwick of Guernsey) Law, 2019[b], and all other powers enabling them in that behalf, hereby order:-

Person appointed to act for ICC.

1. On receipt of the order the Committee may -

(a) appoint a person to act on behalf of the ICC for the purposes of enforcing the order, and

(b) give such directions to the appointed person as appear to the Committee to be necessary.

Registration of order.

2. (1) If the Committee so directs, the person appointed under section 1(a) shall apply to the Royal Court for registration of the order for enforcement.

(2) Registration of the order by the Royal Court (subject to subsections (4) and (5) of section 43 of the Law) is a precondition of enforcement.

(3) The registration of the order under this section shall be cancelled if the order is satisfied by other means.

Effect of registration.

3. For the purposes of enforcement of the order when registered -

(a) the order has the same force and effect,

(b) the same powers are exercisable in relation to its enforcement, and

(c) proceedings for its enforcement may be taken in the same way,

as if the order were an order of the Royal Court.

Disposal of property.

4. (1) The Royal Court may, on the application of the person appointed under section 1(a), vest in that person any property to which the order relates, to be disposed of in accordance with the directions of the Committee.

(2) That person shall account to the Committee for the proceeds of disposal.

(3) The Committee shall transmit the proceeds to the ICC.

Recovery of costs.

5. The reasonable costs of, and incidental to, the registration and enforcement of the order shall be recoverable as if they were sums recoverable under the order.

Interpretation.

6. In this Ordinance, unless the context otherwise requires -

"the Committee" means the Committee for Home Affairs,

"the ICC" means the International Criminal Court established by the

Statute of the International Criminal Court, done at Rome on 17^th July 1998,

"the Law" means the International Criminal Court (Bailiwick of Guernsey) Law 2019, and

"the order" has the same meaning as in section 43 of the Law, that is to say -

(a) a fine or forfeiture ordered by the ICC, or

(b) an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim.

Extent.

7. This Ordinance has effect in the Bailiwick of Guernsey.

Citation.

8. This Ordinance may be cited as the International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Bailiwick of Guernsey) Ordinance, 2024.

Commencement.

9. This Ordinance shall come into force on the 1^st October, 2024.