Paragraph 1 Nomination of court to supervise taking of evidence

(1)

Where the Scottish Ministers receive a request from the ICC for assistance in obtaining evidence as to the identity of a person, they may nominate a court in Scotland to supervise the taking from the person of relevant physical data or a sample (or both).

(2)

They shall not do so unless—

(a)

they are satisfied that other means of identification have been tried and have proved inconclusive; and

(b)

they have notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

(3)

In this schedule—

“relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995 (c.46); and
“sample” means—
1. (a)
  a sample of hair or other material taken, by means of cutting, combing or plucking, from the hair of an external part of the body other than pubic hair;
2. (b)
  a sample of nail or other material from a fingernail or toenail or from under any such nail;
3. (c)
  a sample of blood or other body fluid, of body tissue or of other material taken, by means of swabbing or rubbing, from an external part of the body; or
4. (d)
  a sample of saliva or other material taken, by means of swabbing, from the inside of the mouth.