Explanatory Notes

International Criminal Court (Scotland) Act 2001

2001 asp 13

24 September 2001

The Act

Background

Part 3 – Enforcement of Sentences and Orders
Section 23 – Detention in Scotland of certain prisoners

38.This section makes provision for the situation where Scottish Ministers have agreed that Scotland should accept a prisoner sentenced by the ICC or certain UN tribunals. The Scottish Ministers are empowered to issue a warrant under the UK Act which will authorise the prisoner to be brought to a named prison in Scotland and detained there. The section makes provision for the warrant to be varied if the prisoner’s sentence is varied. In general, the prisoner will be treated in the same way as a domestic prisoner serving a sentence of imprisonment imposed in Scotland for a similar offence.