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

(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 ;

Part 5 Offences under domestic law

England and Wales

54 Offences in relation to the ICC

(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);

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;

SCHEDULES

SCHEDULE 9 Offences against the ICC: article 70

Article 70 Offences against the administration of justice

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.

PART 5
OFFENCES UNDER DOMESTIC LAW

Introduction

Offences in relation to the ICC
58.(3) (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;