Background
Schedule 4 – Taking of Fingerprints Etc.
47.Under article 93.1(a), the ICC can ask a State Party for assistance in identifying an individual in whom it has an interest. Schedule 4 is intended to enable the taking of evidence necessary for identification where alternative means of responding to such an ICC request have been exhausted.
48.Where the Scottish Ministers receive an ICC request to identify an individual, paragraph 1 provides that other means of identification must be tried first. If they prove inconclusive, the Scottish Ministers would inform the ICC. If the ICC nonetheless wishes to proceed with the request, the Scottish Ministers may nominate a court which may order the taking by a constable of the evidence necessary for identification, such as fingerprints or a sample of hair. The court may order the person to attend a police station to provide the specified evidence and if he or she fails to comply, the court may order his or her arrest for this purpose and the evidence may be taken without consent.
49.Paragraph 7 applies the relevant parts of the Criminal Procedure (Scotland) Act 1995 with regard to the destruction of fingerprints or samples.
