'Questioning of persons - national procedures for ICC proceedings' in document 'UK - ICC Scotland Act'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2
ASSISTANCE

12 Questioning

(1) This section applies where the Scottish Ministers receive a request from the ICC for assistance in questioning a person being investigated or prosecuted.

(2) The person concerned shall not be questioned in pursuance of the request unless—
the person has been informed of the rights set out in article 55 (rights of persons during an investigation under the Statute of the ICC) ;
the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.

(3) The provisions of article 55 are set out in schedule 3 to this Act.

(4) Consent for the purposes of subsection (2)(c) above may be given orally or in writing; but if given orally it shall be recorded in writing as soon as is reasonably practicable.

the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted