Part 3 Other forms of assistance

Forms of assistance

29 Taking or production of evidence

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in the taking or production of evidence.

Part 3 Other forms of assistance

Forms of assistance

34 Taking of fingerprints or non-intimate sample

(1) The provisions of Schedule 4 have effect with respect to the taking of fingerprints or a non-intimate sample in response to a request from the ICC for assistance in obtaining evidence as to the identity of a person.

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:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court

Article 99
Execution of requests under articles 93 and 96
2. In the case of an urgent request, the documents or evidence produced in response shall, at
the request of the Court, be sent urgently.

This provision follows the ICC Statute.

The UK courts can compel evidence in the same way as they could in national criminal proceedings (see e.g. Criminal Procedure Rules 2005 Part 28) and such evidence may be taken on oath. Evidence is defined widely, and includes documents. If the evidence in question is fingerprints or non-intimate samples Schedule 4 applies.