SCHEDULE 4Taking of fingerprints etc.

1Nomination of court to supervise taking of evidence

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—

    1. 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;

    2. b

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

    3. 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

    4. d

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