SCHEDULE 4 S Taking of fingerprints etc.

Nomination of court to supervise taking of evidence S

1 (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—

  (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;

  (b)

  a sample of nail or other material from a fingernail or toenail or from under any such nail;

  (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

  (d)

  a sample of saliva or other material taken, by means of swabbing, from the inside of the mouth.