The International Criminal Court Act 2001 (Overseas Territories) Order 2009

SCHEDULE 4 TAKING OF FINGERPRINTS OR NON-INTIMATE SAMPLES

Nomination of court to supervise taking of evidence

1.—(1) Where the Governor receives a request from the ICC for assistance in obtaining evidence as to the identity of a person, he may nominate a court in the Territory to supervise the taking of the person’s fingerprints or a non-intimate sample (or both).

(2) He shall not do so unless—

(a) he is satisfied that other means of identification have been tried and have provided inconclusive, and

(b) he has notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

Order to provide evidence

2.—(1) The nominated court may order the taking by a constable of the person’s fingerprints or a non-intimate sample (or both).

(2) In the case of a non-intimate sample, the law of the Territory applies—

(a) as to whether the sample is a sufficient sample, and

(b) as to the manner of taking the sample,

as it applies to the investigation of a serious offence under the law of the Territory.

(3) In the following provisions of this Schedule “the necessary identification evidence” means the fingerprints or sample (or both) required by the order of the nominated court.

Requirement to attend and provide evidence

3.—(1) The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence.

(2) Any such requirement—

(a) shall give the person at least seven days within which he must so attend, and

(b) may direct him to attend at a specified time of day or between specified times of day.

(3) If the person fails to attend in accordance with the order—

(a) the nominated court may issue a warrant for his arrest, and

(b) the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.

The court shall inform the person concerned of the effect of this sub-paragraph.

(4) Sub-paragraphs (1) to (3) do not apply where the person concerned is in prison or is otherwise lawfully detained.

In that case the necessary identification evidence may be taken at the place where he is detained or at such other place as the nominated court may direct.

Consent to taking of evidence

4.—(1) The necessary identification evidence may be taken—

(a) with the appropriate consent given in writing, or

(b) without that consent, in accordance with paragraph 5.

(2) In sub-paragraph (1) “the appropriate consent” means the consent of the person concerned or, where the law of the Territory provides for consent to be given on that person’s behalf by some other person, the consent of that other person.

(3) The court shall inform the person concerned of the effect of this paragraph.

Taking of evidence without consent

5.—(1) A constable may be authorised by a superior officer to take the necessary identification evidence without consent.

(2) An officer may given an authorisation under sub-paragraph (1) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is reasonably practicable.

(3) Before fingerprints or a sample are taken from a person upon an authorisation given under sub-paragraph (1), he shall be informed that the authorisation has been given.

Record of certain matters to be made

6.—(1) After fingerprints or a sample are taken under this Schedule, there shall be recorded as soon as is reasonably practicable any of the following which apply—

(a) the fact that the appropriate consent has been given,

(b) any authorisation given under paragraph 5(1), and

(c) the fact that the person has been informed under paragraph 5(3) of the giving of such authorisation.

(2) A copy of the record shall be sent to the Governor for transmission to the ICC together with the material obtained under this Schedule.

Checking of fingerprints or samples

7.—(1) This paragraph applies to—

(a) fingerprints or samples taken under this Schedule, and

(b) information derived from such samples.

(2) The fingerprints, samples or information may be used only for the purpose of an investigation into a relevant offence.

(3) In particular, a check may not be made against them under any law of the Territory providing for the checking of fingerprints and samples except for the purpose of an investigation into a relevant offence.

(4) The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—

(a) other fingerprints or samples taken under this Schedule or information derived from such samples, and

(b) any of the fingerprints, samples and information against which checking is permitted for the purposes of the investigation of an offence under the law of the Territory.

(5) For the purposes of this paragraph a “relevant offence” means an ICC crime or an offence under Part 5 of this Act.

(6) Before fingerprints or a sample are taken from a person under this Schedule, he shall be informed that they may be used as mentioned in this paragraph.

Destruction of fingerprints and samples

8.  The law of the Territory as to the retention and destruction of fingerprints or samples applies to fingerprints and samples taken under this Schedule in connection with the investigation of an ICC crime as it applies in relation to fingerprints and samples taken in connection with the investigation of an offence under the law of the Territory.