Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/59

International Criminal Court Act 2001 (c. 17) Schedule 4—Taking of fingerprints or non-intimate samples (2) In the case of a non-intimate sample—
 * (a) the sample must be a sufficient sample within the meaning of section 65 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), and
 * (b) section 63A(2) of that Act or, in Northern Ireland, Article 63A(2) of that Order applies as to the manner of taking the sample.

(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” has the meaning given by section 65 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.

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

Taking of evidence without consent

5 (1) A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent.

(2) An officer may give 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.