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760
Uluslararası Adli İşbirliği
8- Sending requests for assistance
(1) A request for assistance under section 7 may be sent—
(a) to a court exercising jurisdiction in the place where the evidence is situated, or
(b) to any authority recognised by the government of the country in question as the
appropriate authority for receiving requests of that kind.
(2) Alternatively, if it is a request by a judicial authority or a designated prosecuting authority
it may be sent to the Secretary of State (in Scotland, the Lord Advocate) for forwarding to a court
or authority mentioned in subsection (1).
(3) In cases of urgency, a request for assistance may be sent to—
(a) the International Criminal Police Organisation, or
(b) any body or person competent to receive it under any provisions adopted under
the Treaty on European Union, for forwarding to any court or authority mentioned in subsection
(1).
9 -Use of evidence obtained
(1) This section applies to evidence obtained pursuant to a request for assistance under sec-
tion 7.
(2) The evidence may not without the consent of the appropriate overseas authority be used
for any purpose other than that specified in the request.
(3) When the evidence is no longer required for that purpose (or for any other purpose for
which such consent has been obtained), it must be returned to the appropriate overseas autho-
rity, unless that authority indicates that it need not be returned.
(4) In exercising the discretion conferred by section 25 of the Criminal Justice Act 1988 (c. 33)
or Article 5 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/ 1847
(N.I. 17)) (exclusion of evidence otherwise admissible) in relation to a statement contained in the
evidence, the court must have regard—
(a) to whether it was possible to challenge the statement by questioning the person
who made it, and
(b) if proceedings have been instituted, to whether the local law allowed the parties to
the proceedings to be legally represented when the evidence was being obtained.
(5) In Scotland, the evidence may be received in evidence without being sworn to by witnes-
ses, so far as that may be done without unfairness to either party.