SCHEDULE 4 Taking 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—
- 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.
- a