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International Criminal Court Act 2001

Schedule 4: Taking of Fingerprints Or Non-Intimate Samples

140.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.

141.Where the Secretary of State receives an ICC request to identify an individual, paragraph 1 provides that other means of identification must be tried first. If they prove inconclusive, the Secretary of State is to inform the ICC. If the ICC nonetheless wishes to proceed with the request, the Secretary of State may nominate a court for the purpose of obtaining the evidence necessary for identification, which may include fingerprints and/or a non-intimate sample (such as a strand of hair). The court may order the person to attend to provide the specified evidence and if he fails to comply, the court may order his arrest for this purpose and the evidence may be taken without his consent.

142.Paragraph 7 provides that evidence obtained under this Schedule may only be used for the purpose of an ICC investigation or a domestic investigation under Part V of this Act. Paragraph 8 applies section 64 of the Police and Criminal Evidence Act 1984 with relation to the destruction of the evidence obtained under this Schedule.

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