Part 3
Other forms of assistance
Introduction
27Provision of assistance
(1) The powers conferred by this Part on the Secretary of State are exercisable for the purpose of providing assistance to the ICC in relation to investigations or prosecutions where—
- (a) an investigation has been initiated by the ICC, and
- (b) the investigation and any proceedings arising out of it have not been concluded.
(2) Where facsimile transmission is used—
- (a) for the making of a request by the ICC or the transmission of any supporting documents, or
- (b) for the transmission of any document in consequence of such a request,this Part applies as if the documents so sent were the originals of the documents so transmitted.Any such document shall be receivable in evidence accordingly.
(3) Nothing in this Part shall be read as preventing the provision of assistance to the ICC otherwise than under this Part.
Forms of assistance
28Questioning
(1) This section applies where the Secretary of State receives 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—
- (a) he has been informed of his rights under article 55, and
- (b) he 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)(b) may be given—
- (a) by the person himself, or
- (b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as is reasonably practicable.
29Taking 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.
