Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/58

54 Schedule 3—Rights of persons during investigation: article 55 :(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
 * (b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
 * (c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
 * (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2 Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
 * (a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
 * (b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
 * (c) To have legal assistance of the person’s choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
 * (d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

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Nomination of court to supervise taking of evidence

1 (1) Where the Secretary of State receives a request from the ICC for assistance in obtaining evidence as to the identity of a person, he may nominate a court in England and Wales or Northern Ireland 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 proved 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).