PART III COURSE OF JUSTICE: EVIDENCE, PROCEDURE, ETC.

51 Intimidation, etc., of witnesses, jurors and others.

(1)A person commits an offence if

(a) he does an act which intimidates, and is intended to intimidate, another person ("the victim"),
(b) he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and
(c) he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.

(2)A person commits an offence if
(a) he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,
(b) he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed ("the victim"), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and
(c)he does or threatens to do it because of that knowledge or belief.

(3) For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made

(a) otherwise than in the presence of the victim, or (b)to a person other than the victim.

(4) The harm that may be done or threatened may be financial as well as physical (whether to the person or a person's property) and similarly as respects an intimidatory act which consists of threats.

(5) The intention required by subsection (1)(c) and the motive required by subsection (2)(c) above need not be the only or the predominating intention or motive with which the act is done or, in the case of subsection (2), threatened.

(6) A person guilty of an offence under this section shall be liable

(a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both ;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(7) If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.

(8) If, in proceedings against a person for an offence under subsection (2) above, it is proved that within the relevant period

(a) he did an act which harmed, and was intended to harm, another person, or
(b) intending to cause another person fear of harm, he threatened to do an act which would harm that other person,
and that he did the act, or (as the case may be) threatened to do the act,] with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the actor (as the case may be) threatened to do the act] with the motive required by paragraph (c) of that subsection.

(9) In this section

• "investigation into an offence" means such an investigation by the police or other person charged with the duty of investigating offences or charging offenders ;
• "offence" includes an alleged or suspected offence ;
• "potential", in relation to a juror, means a person who has been summoned for jury service at the court at which proceedings for the offence are pending ; and

• "the relevant period"—
(a) in relation to a witness or juror in any proceedings for an offence, means the period beginning with the institution of the proceedings and ending with the first anniversary of the conclusion of the trial or, if there is an appeal or [Ma reference under section 9 or 11 of the Criminal Appeal Act 1995], of the conclusion of the appeal ;
(b) in relation to a person who has, or is believed by the accused to have, assisted in an investigation into an offence, but was not also a witness in proceedings for an offence, means the period of one year beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation ; and
(c) in relation to a person who both has, or is believed by the accused to have, assisted in the investigation into an offence and was a witness in proceedings for the offence, means the period beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation and ending with the anniversary mentioned in paragraph (a) above.

(10)For the purposes of the definition of the relevant period in subsection (9) above

(a) proceedings for an offence are instituted at the earliest of the following times
(i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence ;
(ii) when a person is charged with the offence after being taken into custody without a warrant ;
(iii) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 ;

(b) proceedings at a trial of an offence are concluded with the occurrence of any of the following, the discontinuance of the prosecution, the discharge of the jury without a finding [ otherwise than in
circumstances where the proceedings are continued without a jury] , the acquittal of the accused or the sentencing of or other dealing with the accused for the offence of which he was convicted ; and

(c)proceedings on an appeal are concluded on the determination of the appeal or the abandonment of the appeal.

(11)This section is in addition to, and not in derogation of, any offence subsisting at common law.

PART VI
MISCELLANEOUS AND GENERAL

False oaths etc.

44

False statements and declarations.

(1) Any person who—
(a) is required or authorised by law to make a statement on oath for any purpose;
and
(b) being lawfully sworn, wilfully makes a statement which is material for that
purpose and which he knows to be false or does not believe to be true,
shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding five years or to a fine or to both such fine and imprisonment .

PART 1
OFFENCES

4 Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice) may be dealt with as for the corresponding offence under the law of Scotland committed in relation to the High Court of Justiciary or the Court of Session.

(2) The corresponding offences under the law of Scotland are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence under section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) or at common law;
(b) in relation to article 70.1(b) to (e) (other offences), an offence at common law or (as the case may be) under the Bribery Act 2010; and
(c) in relation to article 70.1(f) (soliciting or accepting a bribe as an official of the ICC), an offence under the Bribery Act 2010.

(3) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding offences under the law of Scotland apply to acts committed—
(a) in Scotland; or
(b) outwith the United Kingdom by a United Kingdom national or a United Kingdom resident.

(4) If an offence under this section, or an offence ancillary to such an offence, is committed outwith the United Kingdom proceedings may be taken in any place in Scotland; and the offence may for incidental purposes be treated as having been committed in that place.

(5) The relevant provisions of article 70.1 are set out in schedule 2 to this Act.

Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in England and Wales.

(2) In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.

(3) The corresponding domestic offences are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against section 1(1) of the Perjury Act 1911 (c. 6);
(b) in relation to article 70.1(c) (interference with witness or evidence), an offence against section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) , an offence under the Bribery Act 2010 or (as the case may be) an offence at common law;
(c) in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law or (as the case may be) under the Bribery Act 2010].

(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
(a) in England or Wales, or
(b) outside the United Kingdom by a United Kingdom national, a United Kingdom resident or a person subject to UK service jurisdiction.

(5) Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General.

(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in England or Wales—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in England or Wales.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

Part 5 Offences under domestic law

Northern Ireland

61 Offences in relation to the ICC

(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in Northern Ireland.

(2) In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC.
Account may also be taken of any other relevant international jurisprudence.

(3) The corresponding domestic offences are—
(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence against Article 3(1) of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) ;
(b) in relation to article 70.1(b) to (f) (other offences), an offence at common law or (as the case may be) under the Bribery Act 2010.

(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—
(a) in Northern Ireland, or
(b) outside the United Kingdom by a United Kingdom national or a United Kingdom resident.

(5) Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.

(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in Northern Ireland—
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in Northern Ireland.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

Part 5 Offences under domestic law

Supplementary provisions

66 Mental element

(2) Unless otherwise provided by—

(b) section 54(1) or 61(1) or article 70.1 (offences in relation to the ICC),
a person is regarded as committing such an act or crime only if the material elements are committed with intent and knowledge.

SCHEDULES

SCHEDULE 9 Offences against the ICC: article 70

ARTICLE 70 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

1 The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1 to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
....
4 (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
....
NOTE:
Article 69.1, referred to in article 70.1(a), provides as follows:
“1 Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.”.

Perjury

3. —(1) Any person lawfully sworn as a witness or as an interpreter in a judicial proceeding who wilfully makes a statement material in that proceeding, which he knows to be false, or does not believe to be true, shall be guilty of perjury, and shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years, or to a fine, or to both.

1 Perjury.

(1) If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury, and shall, on conviction thereof on indictment, be liable to penal servitude for a term not exceeding seven years, or to imprisonment . . . for a term not exceeding two years, or to a fine or to both such penal servitude or imprisonment and fine.

Offences in relation to the ICC
58.—(1) A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in the Territory.

(2) In interpreting and applying the provisions of article 70.1 the court shall take into account any relevant judgment or decision of the ICC.

Account may also be taken of any other relevant international jurisprudence.

(3) The corresponding domestic offences are—

(a) in relation to article 70.1(a) (giving false testimony when under an obligation to tell the truth), an offence of perjury, however described, under the law of the Territory;
(b) in relation to article 70.1(c) (interference with witness or evidence), an offence under the law of the Territory of interfering with a witness or evidence;
(c) in relation to article 70.1(b) or (d) to (f) (other offences), an offence at common law, or under any provision of the law of the Territory, in respect of any of those matters.

(4) This section and, so far as may be necessary for the purposes of this section, the enactments and rules of law relating to the corresponding domestic offences apply to acts committed—

(a) in the Territory, or
(b) outside the Territory by a United Kingdom national, a Territory resident or a person subject to Territory service jurisdiction.

(5) Proceedings for an offence under this section, or for an offence ancillary to such an offence, shall not be instituted except by or with the consent of the Attorney General.

(6) If an offence under this section, or an offence ancillary to such an offence, is not committed in the Territory—

(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed, in any place in the Territory.

(7) The relevant provisions of article 70.1 are set out in Schedule 9 to this Act.

PART 5
OFFENCES UNDER DOMESTIC LAW

Supplementary provisions

Mental element
70.(2)(b) section 54(1) or article 70.1 (offences in relation to the ICC),