PART 2
ASSISTANCE

13 Taking or production of evidence

(1) This section applies where the Scottish Ministers receive a request from the ICC for assistance in the taking or production of evidence.

(2) The Scottish Ministers may nominate a court in Scotland to receive the evidence to which the request relates.

(3) For this purpose the nominated court—
(a) has the same powers with respect to securing the attendance of witnesses ; and
subject to subsection (5) below, the production of documents or other articles, as it has for the purpose of other proceedings before the court ; and
(b) may take evidence on oath.

(4) Any proceedings under this section shall be conducted in private.

(5) A person shall not be compelled to give evidence or produce anything in proceedings under this section that, under the Rules of Procedure and Evidence for the time being in force, the person could not be compelled to give or produce in proceedings before the ICC.

(6) If in order to comply with the request it is necessary for the evidence received by the court to be verified in any manner, the notice nominating the court shall specify the nature of the verification required.

(7) No order for expenses shall be made in proceedings under this section.

(8) In subsection (5) above, the reference to the Rules of Procedure and Evidence is a reference to the rules adopted under article 51.

PART 2
ASSISTANCE

14 Taking or production of evidence : further provisions

(1) The following provisions apply in relation to proceedings before a nominated court under section 13 of this Act and the evidence received in the proceedings.

(2) The court shall ensure that a record is kept of the proceedings that indicates, in particular—
which persons with an interest in the proceedings were present ; and
which of those persons were represented and by whom.

(3) The record shall not be made available to any person except as authorised by the Scottish Ministers or with the leave of the court.

(4) A copy of the record of the proceedings shall be sent to the Scottish Ministers for transmission to the ICC.

SCHEDULE 5

INVESTIGATION OF PROCEEDS OF ICC CRIME


PART 2
SEARCH WARRANTS

A search warrant may be issued under this Part of this schedule by a sheriff on an
application made by a person authorised for the purpose under section 19 of this Act.

9(1) A search warrant issued under this Part of this schedule authorises any constable—
(a) to enter and search the premises specified in the warrant ;
to seize and retain any material found on the search that is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the warrant was issued ; and
for the purposes of exercising the powers mentioned in sub-paragraphs (a) and (b) above, to open lockfast places on premises specified in the warrant.

(2) The warrant does not confer any right to seize material that consists of or includes items subject to legal privilege.

10(1) The sheriff may issue a search warrant under this Part of this schedule in the cases mentioned in sub-paragraphs (2), (3) and (5) below.

(2) The case is where the sheriff is satisfied that a production or access order made in relation to material on the premises has not been complied with.

(3) The case is where the sheriff is satisfied —
that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime ;
that there are grounds for making a production or access order in relation to material on the premises ; and
that it would not be appropriate to make a production or access order in relation to the material for any of the reasons mentioned in sub-paragraph (4) below.

(4) The reasons are—
that it is not practicable to communicate with any person entitled to produce the materia l;
that it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated ; or
that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(5) The case is where the sheriff is satisfied—
(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime ;
(b) that there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application but which relates to the specified person, or to the question whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime ; and
is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made ; and
(c) that any of the circumstances mentioned in sub-paragraph (6) below apply.

(6) The circumstances are
that it is not practicable to communicate with any person entitled to grant entry to the premises ;
that entry to the premises will not be granted unless a warrant is produced ; or
that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.