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.

Part 3 Other forms of assistance

Forms of assistance

29 Taking or production of evidence

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in the taking or production of evidence.
For this purpose “evidence” includes documents and other articles.
(2) The Secretary of State may nominate a court in England and Wales or Northern Ireland 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 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) A person shall not be compelled to give evidence or produce anything in proceedings under this section that he could not be compelled to give or produce in criminal proceedings in the part of the United Kingdom in which the nominated court has jurisdiction.
(5) 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.
(6) No order for costs shall be made in proceedings under this section.

30 Taking or production of evidence: further provisions

(1) The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.
(2) The court may, if it thinks it necessary in order to protect—
(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,
direct that the public be excluded from the court.
(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—
(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.
(4) The register shall not be open to inspection except as authorised by the Secretary of State or with the leave of the court.
(5) A copy of the register of the proceedings shall be sent to the Secretary of State for transmission to the ICC.

Part 3 Other forms of assistance

Forms of assistance

34 Taking of fingerprints or non-intimate sample

(1) The provisions of Schedule 4 have effect with respect to the taking of fingerprints or a non-intimate sample in response to a request from the ICC for assistance in obtaining evidence as to the identity of a person.
(2) In subsection (1) and that Schedule “fingerprints” and “non-intimate sample” have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

SCHEDULES

SCHEDULE 4 TAKING OF FINGERPRINTS OR NON-INTIMATE SAMPLES

Nomination of court to supervise taking of evidence

1 (1) Where the Secretary of State receives a request from the ICC for assistance in obtaining evidence as to the identity of a person, he may nominate a court in England and Wales or Northern Ireland to supervise the taking of the person’s fingerprints or a non-intimate sample (or both).
(2) He shall not do so unless—
(a) he is satisfied that other means of identification have been tried and have proved inconclusive, and
(b) he has notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

Order to provide evidence

2 (1) The nominated court may order the taking by a constable of the person’s fingerprints or a non-intimate sample (or both).
(2) In the case of a non-intimate sample—
(a) the sample must be a sufficient sample within the meaning of section 65 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), and
(b) section 63A(2) of that Act or, in Northern Ireland, Article 63A(2) of that Order applies as to the manner of taking the sample.
(3) In the following provisions of this Schedule “the necessary identification evidence” means the fingerprints or sample (or both) required by the order of the nominated court.

Requirement to attend and provide evidence

3 (1) The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence.
(2) Any such requirement—
(a) shall give the person at least seven days within which he must so attend, and
(b) may direct him to attend at a specified time of day or between specified times of day.
(3) If the person fails to attend in accordance with the order—
(a) the nominated court may issue a warrant for his arrest, and
(b) the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.
The court shall inform the person concerned of the effect of this sub-paragraph.
(4) Sub-paragraphs (1) to (3) do not apply where the person concerned is in prison or is otherwise lawfully detained.
In that case the necessary identification evidence may be taken at the place where he is detained or at such other place as the nominated court may direct.

Consent to taking of evidence

4 (1) The necessary identification evidence may be taken—
(a) with the appropriate consent given in writing, or
(b) without that consent, in accordance with paragraph 5.
(2) In sub-paragraph (1) “the appropriate consent” has the meaning given by section 65 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
(3) The court shall inform the person concerned of the effect of this paragraph.

Taking of evidence without consent

5 (1) A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent.
(2) An officer may give an authorisation under sub-paragraph (1) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is reasonably practicable.
(3) Before fingerprints or a sample are taken from a person upon an authorisation given under sub-paragraph (1), he shall be informed that the authorisation has been given.

Record of certain matters to be made

6 (1) After fingerprints or a sample are taken under this Schedule, there shall be recorded as soon as is reasonably practicable any of the following which apply—
(a) the fact that the appropriate consent has been given,
(b) any authorisation given under paragraph 5(1), and
(c) the fact that the person has been informed under paragraph 5(3) of the giving of such authorisation.
(2) A copy of the record shall be sent to the Secretary of State for transmission to the ICC together with the material obtained under this Schedule.

Checking of fingerprints or samples

7 (1) This paragraph applies to—
(a) fingerprints or samples taken under this Schedule, and
(b) information derived from such samples.
(2) The fingerprints, samples or information may be used only for the purpose of an investigation into a relevant offence.
(3) In particular, a check may not be made against them under—
(a) section 63A(1) of the Police and Criminal Evidence Act 1984 (c. 60) (checking of fingerprints and samples), or
(b) Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (checking of fingerprints and samples),
except for the purpose of an investigation into a relevant offence.
(4) The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—
(a) other fingerprints or samples taken under this Schedule or information derived from such samples,
(b) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and
(c) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples).
(5) For the purposes of this paragraph a “relevant offence” means an ICC crime or an offence under Part 5 of this Act.
(6) Before fingerprints or a sample are taken from a person under this Schedule, he shall be informed that they may be used as mentioned in this paragraph.

Destruction of fingerprints and samples

8 Section 64 of the Police and Criminal Evidence Act 1984 or Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (destruction of fingerprints or samples) applies to fingerprints and samples taken under this Schedule in connection with the investigation of an ICC crime as it applies in relation to fingerprints and samples taken in connection with the investigation of an offence under the law of England and Wales or Northern Ireland.

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Taking or production of evidence
33.—(1) This section applies where the Governor receives a request from the ICC for assistance in the taking or production of evidence.

For this purpose “evidence” includes documents and other articles.

(2) The Governor may nominate a court in the Territory 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 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) A person shall not be compelled to give evidence or produce anything in proceedings under this section that he could not be compelled to give or produce in criminal proceedings in the Territory.

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

(6) No order for costs shall be made in proceedings under this section.


Taking or production of evidence: further provisions
34.—(1) The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.

(2) The court may, if it thinks it necessary in order to protect—

(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,

direct that the public be excluded from the court.

(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—

(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Governor or with the leave of the court.

(5) A copy of the register of the proceedings shall be sent to the Governor for transmission to the ICC.

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Taking of fingerprints or non-intimate sample
38.—(1) The provisions of Schedule 4 have effect with respect to the taking of fingerprints or a non-intimate sample in response to a request from the ICC for assistance in obtaining evidence as to the identity of a person.

(2) In subsection (1) and that Schedule, “fingerprints” includes palm prints, and a non-intimate sample is—

(a) a sample of hair other than pubic hair,
(b) a sample taken from a nail or from under a nail,
(c) a swab taken from any part of a person’s body including the mouth but not any other body orifice,
(d) saliva,
(e) a footprint or a similar impression of any part of a person’s body other than a part of his hand.

PART 3
OTHER FORMS OF ASSISTANCE

Supplementary provisions

Verification of material
44. If in order to comply with a request of the ICC it is necessary for any evidence or other material obtained under this Part to be verified in any manner, the Governor may give directions as to the nature of the verification required.

SCHEDULE 4
TAKING OF FINGERPRINTS OR NON-INTIMATE SAMPLES

Nomination of court to supervise taking of evidence

1.—(1) Where the Governor receives a request from the ICC for assistance in obtaining evidence as to the identity of a person, he may nominate a court in the Territory to supervise the taking of the person’s fingerprints or a non-intimate sample (or both).

(2) He shall not do so unless—

(a) he is satisfied that other means of identification have been tried and have provided inconclusive, and
(b) he has notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.


Order to provide evidence

2.—(1) The nominated court may order the taking by a constable of the person’s fingerprints or a non-intimate sample (or both).

(2) In the case of a non-intimate sample, the law of the Territory applies—

(a) as to whether the sample is a sufficient sample, and
(b) as to the manner of taking the sample,

as it applies to the investigation of a serious offence under the law of the Territory.

(3) In the following provisions of this Schedule “the necessary identification evidence” means the fingerprints or sample (or both) required by the order of the nominated court.


Requirement to attend and provide evidence

3.—(1) The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence.

(2) Any such requirement—

(a) shall give the person at least seven days within which he must so attend, and
(b) may direct him to attend at a specified time of day or between specified times of day.

(3) If the person fails to attend in accordance with the order—

(a) the nominated court may issue a warrant for his arrest, and
(b) the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.

The court shall inform the person concerned of the effect of this sub-paragraph.

(4) Sub-paragraphs (1) to (3) do not apply where the person concerned is in prison or is otherwise lawfully detained.

In that case the necessary identification evidence may be taken at the place where he is detained or at such other place as the nominated court may direct.


Consent to taking of evidence

4.—(1) The necessary identification evidence may be taken—

(a) with the appropriate consent given in writing, or
(b) without that consent, in accordance with paragraph 5.

(2) In sub-paragraph (1) “the appropriate consent” means the consent of the person concerned or, where the law of the Territory provides for consent to be given on that person’s behalf by some other person, the consent of that other person.

(3) The court shall inform the person concerned of the effect of this paragraph. Taking of evidence without consent


5.—(1) A constable may be authorised by a superior officer to take the necessary identification evidence without consent.

(2) An officer may given an authorisation under sub-paragraph (1) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is reasonably practicable.

(3) Before fingerprints or a sample are taken from a person upon an authorisation given under sub-paragraph (1), he shall be informed that the authorisation has been given.


Record of certain matters to be made

6.—(1) After fingerprints or a sample are taken under this Schedule, there shall be recorded as soon as is reasonably practicable any of the following which apply—

(a) the fact that the appropriate consent has been given,
(b) any authorisation given under paragraph 5(1), and
(c) the fact that the person has been informed under paragraph 5(3) of the giving of such authorisation.

(2) A copy of the record shall be sent to the Governor for transmission to the ICC together with the material obtained under this Schedule.


Checking of fingerprints or samples

7.—(1) This paragraph applies to—

(a) fingerprints or samples taken under this Schedule, and
(b) information derived from such samples.

(2) The fingerprints, samples or information may be used only for the purpose of an investigation into a relevant offence.

(3) In particular, a check may not be made against them under any law of the Territory providing for the checking of fingerprints and samples except for the purpose of an investigation into a relevant offence.

(4) The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—

(a) other fingerprints or samples taken under this Schedule or information derived from such samples, and
(b) any of the fingerprints, samples and information against which checking is permitted for the purposes of the investigation of an offence under the law of the Territory.

(5) For the purposes of this paragraph a “relevant offence” means an ICC crime or an offence under Part 5 of this Act.

(6) Before fingerprints or a sample are taken from a person under this Schedule, he shall be informed that they may be used as mentioned in this paragraph.


Destruction of fingerprints and samples

8. The law of the Territory as to the retention and destruction of fingerprints or samples applies to fingerprints and samples taken under this Schedule in connection with the investigation of an ICC crime as it applies in relation to fingerprints and samples taken in connection with the investigation of an offence under the law of the Territory.