Page 786 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

774
Uluslararası Adli İşbirliği
(2) The authority referred to in subsection (1) is the authority in that country which appears to
the Secretary of State to have the function of making requests of the kind to which this section
applies.
(3) Unless he considers it inappropriate to do so, the Secretary of State must by notice in wri-
ting nominate a court in the United Kingdomwhere the witness may be heard in the proceedings
in question through a live television link.
(4) Anything done by the witness in the presence of the nominated court which, if it were
done in proceedings before the court, would constitute contempt of court is to be treated for that
purpose as done in proceedings before the court.
(5) Any statement made on oath by a witness giving evidence in pursuance of this section is
to be treated for the purposes of—
(a) section 1 of the Perjury Act 1911 (c. 6),
(b) Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/ 1714 (N.I. 19)),
(c) sections 44 to 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) or,
in relation to Scotland, any matter pertaining to the common law crime of perjury, as made in
proceedings before the nominated court.
(6) Part 1 of Schedule 2 (evidence given by television link) is to have effect.
(7) Subject to subsections (4) and (5) and the provisions of that Schedule, evidence given
pursuant to this section is not to be treated for any purpose as evidence given in proceedings in
the United Kingdom.
(8) In relation to Scotland, references in this section and Part 1 of Schedule 2 to the Secretary
of State are to be read as references to the Lord Advocate.
31- Hearing witnesses in the UK by telephone
(1) This section applies where the Secretary of State receives a request, from an authority
mentioned in subsection (2) (“the external authority”) in a participating country, for a person in
the United Kingdom to give evidence by telephone in criminal proceedings before a court in that
country. Criminal proceedings include any proceedings on an appeal before a court against a
decision in administrative proceedings.
(2) The authority referred to in subsection (1) is the authority in that country which appears to
the Secretary of State to have the function of making requests of the kind to which this section