Page:International Criminal Court Act 2001 (UKPGA 2001-17 qp).pdf/24

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International Criminal Court Act 2001 (c. 17)
Part 3—Other forms of assistance

(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 1 makes provision for production or access orders,
Part 2 makes provision for the issuing of search warrants, and
Part 3 contains supplementary provisions.

38Freezing orders in respect of property liable to forfeiture

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

39Production or disclosure prejudicial to national security

(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

40Verification of material

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.

41Transmission of material to the ICC

(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,