Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/60

56 Schedule 4—Taking of fingerprints or non-intimate samples (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 Secretary of State 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—
 * (a) section 63A(1) of the Police and Criminal Evidence Act 1984 (c. 60) (checking of fingerprints and samples), or
 * (b) Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (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,
 * (b) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and
 * (c) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples).

(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 Section 64 of the Police and Criminal Evidence Act 1984 or Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (destruction of fingerprints or samples) applies to fingerprints and samples taken under