Page 775 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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763
Kanunları ve Tercümeleri
13- Requests for assistance from overseas authorities
(1) Where a request for assistance in obtaining evidence in a part of the United Kingdom is
received by the territorial authority for that part, the authority may—
(a) if the conditions in section 14 are met, arrange for the evidence to be obtained un-
der section 15, or
(b) direct that a search warrant be applied for under or by virtue of section 16 or 17 or,
in relation to evidence in Scotland, 18.
(2) The request for assistance may be made only by—
(a) a court exercising criminal jurisdiction, or a prosecuting authority, in a country out-
side the United Kingdom,
(b) any other authority in such a country which appears to the territorial authority to
have the function of making such requests for assistance,
(c) any international authority mentioned in subsection (3).
(3) The international authorities are—
(a) the International Criminal Police Organisation,
(b) any other body or person competent to make a request of the kind to which this
section applies under any provisions adopted under the Treaty on European Union.
14- Powers to arrange for evidence to be obtained
(1) The territorial authority may arrange for evidence to be obtained under section 15 if the
request for assistance in obtaining the evidence is made in connection with—
(a) criminal proceedings or a criminal investigation, being carried on outside the Uni-
ted Kingdom,
(b) administrative proceedings, or an investigation into an act punishable in such pro-
ceedings, being carried on there,
(c) clemency proceedings, or proceedings on an appeal before a court against a decisi-
on in administrative proceedings, being carried on, or intended to be carried on, there.
(2) In a case within subsection (1)(a) or (b), the authority may arrange for the evidence to be
so obtained only if the authority is satisfied—
(a) that an offence under the law of the country in question has been committed or
that there are reasonable grounds for suspecting that such an offence has been committed, and
(b) that proceedings in respect of the offence have been instituted in that country or
that an investigation into the offence is being carried on there.
An offence includes an act punishable in administrative proceedings.