PART 2
ASSISTANCE
12 Questioning
(1) This section applies where the Scottish Ministers receive a request from the ICC for assistance in questioning a person being investigated or prosecuted.
(2) The person concerned shall not be questioned in pursuance of the request unless—
the person has been informed of the rights set out in article 55 (rights of persons during an investigation under the Statute of the ICC) ;
the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.
(3) The provisions of article 55 are set out in schedule 3 to this Act.
(4) Consent for the purposes of subsection (2)(c) above may be given orally or in writing; but if given orally it shall be recorded in writing as soon as is reasonably practicable.
the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.
Part 3 Other forms of assistance
Forms of assistance
28 Questioning
(1) This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.
(2) The person concerned shall not be questioned in pursuance of the request unless—
(a) he has been informed of his rights under article 55, and
(b) he consents to be interviewed.
(3) The provisions of article 55 are set out in Schedule 3 to this Act.
(4) Consent for the purposes of subsection (2)(b) may be given—
(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as is reasonably practicable.
PART 3
OTHER FORMS OF ASSISTANCE
Forms of assistance
Questioning
32.—(1) This section applies where the Governor receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.
(2) The person concerned shall not be questioned in pursuance of the request unless—
(a) he has been informed of his rights under article 55, and
(b) he consents to be interviewed.
(3) The provisions of article 55 are set out in Schedule 3 to this Act.
(4) Consent for the purposes of subsection (2)(b) may be given—
(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as its reasonably practicable.
1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :
c) L'interrogatoire des personnes faisant l'objet d'une enquête ou de poursuites ;