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32
International Criminal Court Act 2001 (c. 17)
Part 5—Offences under domestic law

(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.

62Meaning of “ancillary offence”

(1) References in this Part to an ancillary offence under the law of Northern Ireland are to—

(a) aiding, abetting, counselling or procuring the commission of an offence,
(b) inciting a person to commit an offence,
(c) attempting or conspiring to commit an offence, or
(d) assisting an offender or concealing the commission of an offence.

(2) In subsection (1)(a) the reference to aiding, abetting, counselling or procuring is to conduct that in relation to an indictable offence would be punishable under section 8 of the Accessories and Abettors Act 1861 (c. 94).

(3) In subsection (1)(b) the reference to incitement is to conduct amounting to an offence of incitement at common law.

(4) In subsection (1)(c)—

(a) the reference to an attempt is to conduct amounting to an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) ; and
(b) the reference to conspiracy is to conduct amounting to an offence of conspiracy under Article 9 of that Order.

(5) In subsection (1)(d)—

(a) the reference to assisting an offender is to conduct that in relation to an arrestable offence would amount to an offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)); and
(b) the reference to concealing an offence is to conduct that in relation to an arrestable offence would amount to an offence under section 5(1) of that Act.