Part 2 Assistance

Forms of assistance

12 Questioning

1

This section applies where the Scottish Ministers receive a request from the ICC for assistance in questioning a person being investigated or prosecuted.

2

The person concerned shall not be questioned in pursuance of the request unless—

a

the person has been informed of the rights set out in article 55 (rights of persons during an investigation under the Statute of the ICC);

b

the fact that the person has been so informed has been recorded in writing; and

c

the person consents to be interviewed.

3

The provisions of article 55 are set out in schedule 3 to this Act.

4

Consent for the purposes of subsection (2)(c) above may be given orally or in writing; but if given orally it shall be recorded in writing as soon as is reasonably practicable.