International Criminal Court (Scotland) Act 2001

Taking of evidence without consentS

This section has no associated Explanatory Notes

5(1)A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent.

(2)A constable authorised under sub-paragraph (1) above may use reasonable force in taking the necessary identification evidence.

(3)An officer may give an authorisation under sub-paragraph (1) above orally or in writing; but if given orally it shall be confirmed in writing as soon as is reasonably practicable.

(4)Before relevant physical data or a sample is taken from a person upon an authorisation given under sub-paragraph (1) above, the person shall be informed that the authorisation has been given.