International Criminal Court Bill [H.L.] - continued        House of Lords
PART III, OTHER FORMS OF ASSISTANCE - continued
Forms of assistance - continued

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Taking of fingerprints or non-intimate sample.     34. - (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.
 
      (2) In subsection (1) and that Schedule "fingerprints" and "non-intimate sample" have 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.
 
Orders for exhumation.     35. Proceedings before the ICC in respect of an ICC crime are criminal proceedings for the purposes of section 23 of the Coroners Act 1988 or section 11 of the Coroners Act (Northern Ireland) 1959 (power of coroner to order exhumation).
 
Provision of records and documents.     36. - (1) This section applies where the Secretary of State receives a request from the ICC for the provision of records and documents relating to-
 
 
    (a) the evidence given in any proceedings in England and Wales or Northern Ireland in respect of conduct that would constitute an ICC crime, or
 
    (b) the results of any investigation of such conduct with a view to such proceedings.
      (2) The Secretary of State shall take such steps as appear to him to be appropriate to obtain the records and documents requested, and on their being produced to him he shall transmit them to the ICC.
 
Investigation of proceeds of ICC crime.     37. - (1) Where the Secretary of State receives a request from the ICC for assistance-
 
 
    (a) in ascertaining whether a person has benefited from an ICC crime, or
 
    (b) in identifying the extent or whereabouts of property derived directly or indirectly from an ICC crime,
       the Secretary of State may direct a constable to apply for an order or warrant under Schedule 5.
 
      (2) In that Schedule-
 
 
    Part I makes provision for production or access orders,
 
    Part II makes provision for the issuing of search warrants, and
 
    Part III contains supplementary provisions.
Freezing orders in respect of property liable to forfeiture.     38. Where the Secretary of State receives a request from the ICC for assistance in the freezing or seizure of proceeds, property and assets or instrumentalities of crime for the purpose of eventual forfeiture, he may-
 
 
    (a) authorise a person to act on behalf of the ICC for the purposes of applying for a freezing order, and
 
    (b) direct that person to apply for such an order under Schedule 6.
 
National security
Production or disclosure prejudicial to national security.     39. - (1) Nothing in any of the provisions of this Part, or any corresponding provision of an Act of the Scottish Parliament, requires or authorises the production of documents, or the disclosure of information, which would be prejudicial to the security of the United Kingdom.
 
      (2) For the purposes of any such provision a certificate signed by or on behalf of the Secretary of State to the effect that it would be prejudicial to the security of the United Kingdom for specified documents to be produced, or for specified information to be disclosed, is conclusive evidence of that fact.
 
 
Supplementary provisions
Verification of material.     40. If in order to comply with a request of the ICC it is necessary for any evidence or other material obtained under this Part to be verified in any manner, the Secretary of State may give directions as to the nature of the verification required.
 
Transmission of material to the ICC.     41. - (1) Any evidence or other material obtained under this Part by a person other than the Secretary of State, together with any requisite verification, shall be sent to the Secretary of State for transmission to the ICC.
 
      (2) Where any evidence or other material is to be transmitted to the ICC, there shall be transmitted-
 
 
    (a) where the material consists of a document, the original or a copy, and
 
    (b) where the material consists of any other article, the article itself or a photograph or other description of it,
       as may be necessary to comply with the request of the ICC.
 
 
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Prepared 15 December 2000