Schedule 4—Taking of fingerprints or non-intimate samples
this Schedule in connection with the investigation of an ICC crime as it applies in relation to fingerprints and samples taken in connection with the investigation of an offence under the law of England and Wales or Northern Ireland.
Investigation of proceeds of ICC crime
Part 1
Production or access orders
Application for order
1 (1) An order under this Part of this Schedule may be made by a Circuit judge or, in Northern Ireland, a county court judge on an application made in pursuance of a direction by the Secretary of State under section 37(1) (investigation of proceeds of ICC crime). (2) Any such application—
- (a) in England and Wales, may be made without notice and may be granted without a hearing; and
- (b) in Northern Ireland, may be made on an ex parte application to a judge in chambers.
Grounds for making order
2 (1) The judge may make an order under this Part of this Schedule if he is satisfied that there are reasonable grounds for suspecting—
- (a) that a specified person has benefited from an ICC crime, and
- (b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made.
(2) No such order shall be made if it appears to the judge that the material to which the application relates consists of or include items subject to legal privilege.
(3) Paragraphs 3 and 4 specify the descriptions of order that may be made.
Production or access orders: standard orders
3 (1) The judge may order a specified person who appears to have in his possession, custody or power specified material, or material of a specified description, to which the application relates, either—
- (a) to produce the material to a constable within a specified period for the constable to take away (a “production order”), or
- (b) to give a constable access to the material within a specified period (an “access order”).
(2) The specified period shall be seven days beginning with the date of the order unless it appears to the judge making the order that a longer or shorter
