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International Criminal Court (Scotland) Act 2001

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This is the original version (as it was originally enacted).

Nomination of court to supervise taking of evidence

This section has no associated Explanatory Notes

1(1)Where the Scottish Ministers receive a request from the ICC for assistance in obtaining evidence as to the identity of a person, they may nominate a court in Scotland to supervise the taking from the person of relevant physical data or a sample (or both).

(2)They shall not do so unless—

(a)they are satisfied that other means of identification have been tried and have proved inconclusive; and

(b)they have notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

(3)In this schedule—

  • “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995 (c. 46); and

  • “sample” means—

    (a)

    a sample of hair or other material taken, by means of cutting, combing or plucking, from the hair of an external part of the body other than pubic hair;

    (b)

    a sample of nail or other material from a fingernail or toenail or from under any such nail;

    (c)

    a sample of blood or other body fluid, of body tissue or of other material taken, by means of swabbing or rubbing, from an external part of the body; or

    (d)

    a sample of saliva or other material taken, by means of swabbing, from the inside of the mouth.

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