The United Nations (International Tribunal) (Rwanda) Order 1996

Search, etc for material relevant to International Tribunal investigation: Scotland

17.—(1) In the application of this Order to Scotland, article 16 shall be omitted and the provisions of this article shall have effect.

(2) If, on an application made by the procurator fiscal, it appears to a sheriff—

(a) that proceedings have been instituted for the indictment of a person by the International Tribunal or that a person has been arrested in the course of an investigation by the International Tribunal, and

(b) that the conduct constituting the International Tribunal crime which is the subject of the proceedings or investigation would constitute an offence punishable by imprisonment if it had occurred in Scotland,

the sheriff shall have the like power to grant a warrant authorising entry, search and seizure by any constable as he would have at common law in respect of any offence punishable at common law in Scotland.

(3) No application for a warrant shall be made by virtue of paragraph (2) except in pursuance of a direction given by the Lord Advocate in response to a request received by the Secretary of State from the International Tribunal and any evidence seized by a constable by virtue of this article shall be furnished by him to the Lord Advocate for transmission to the International Tribunal.

(4) If in order to comply with a request it is necessary for any such evidence to be accompanied by any certificate, affidavit or other verifying document the constable shall also furnish for transmission such document of that nature as may be specified in the direction given by the Lord Advocate.

(5) Where the evidence consists of a document the original or a copy shall be transmitted and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request.