'Search and seizure - authority - ICC proceedings' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 3 Other forms of assistance

Forms of assistance

33 Entry, search and seizure

(1) This section applies where the Secretary of State receives from the ICC a request for assistance which appears to him to require the exercise of any of the powers conferred by Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Part III of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (powers of entry, search and seizure).

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:
(h) The execution of searches and seizures

ANALYSIS

This provision follows the ICC Statute.

 

If the ICC requests search and seizure the police may apply for a warrant for search and seizure under the Police and Criminal Evidence Act or the equivalent legislation in Northern Ireland. The powers of search and seizure in schedule 5 only apply to investigations into the proceeds of crime.