OpenLegislation

Article 18

Original text. Later amendments are not shown.

(1)

Except in so far as in any particular case any privilege or immunity is waived by the Presidency and subject to production of the required certificate, counsel and persons assisting defence counsel in accordance with rule 22 of the Rules, to the extent necessary for the independent performance of their functions (including the time spent on journeys in that connection), shall enjoy:–

(a)

the like immunity from personal arrest or detention as is accorded to a diplomatic agent;

(b)

immunity from suit and legal process (even after they have ceased to exercise their functions) in respect of acts, including words spoken or written, performed by them in their official capacity;

(c)

the like inviolability for all papers, documents and materials relating to the exercise of their functions as is accorded to a diplomatic agent;

(d)

the like immunity from seizure of personal baggage as is accorded to a diplomatic agent;

(e)

exemption from inspection of personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by the law or controlled by quarantine regulations in the United Kingdom.

(2)

For the purposes of this Article, the “required certificate” means the certificate under the signature of the Registrar provided to counsel and persons assisting defence counsel upon appointment, for the period required for the exercise of his functions, in accordance with the Rome Statute, the Rules of Procedure and Evidence and the Regulations of the Court.

(3)

Where the incidence of any form of taxation depends upon residence, counsel and persons assisting defence counsel shall not be deemed to be resident in the United Kingdom during any period when they are present in the United Kingdom for the discharge of their functions.

(4)

Sub-paragraphs (d) and (e) of paragraph (1) and paragraph (3) shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or permanently resident in the United Kingdom.