Page 840 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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828
Uluslararası Adli İşbirliği
(1) The court has the like powers for securing the attendance of a witness as it has for the pur-
poses of other proceedings before the court.
(2) In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and
section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness
so cited.
Power to administer oaths
3 The court may take evidence on oath.
Proceedings
4 Rules of court under section 49 may, in particular, make provision in respect of the persons
entitled to appear or take part in the proceedings and for excluding the public from the procee-
dings.
Privilege of witnesses
5 (1) A person cannot be compelled to give any evidence which he could not be compelled
to give-
(a) in criminal proceedings in the part of the United Kingdom in which the nominated
court exercises jurisdiction, or
(b) subject to sub-paragraph (2), in criminal proceedings in the country fromwhich the
request for the evidence has come.
(2) Sub-paragraph (1)(b) does not apply unless the claim of the person questioned to be
exempt from giving the evidence is conceded by the court or authority which made the request.
(3) Where the person’s claim is not conceded, he may be required to give the evidence to
which the claim relates (subject to the other provisions of this paragraph); but the evidence may
not be forwarded to the court or authority which requested it if a court in the country in question,
on the matter being referred to it, upholds the claim.
(4) A person cannot be compelled to give any evidence if his doing so would be prejudicial to
the security of the United Kingdom.
(5) A certificate signed by or on behalf of the Secretary of State or, where the court is in Scot-
land, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is
conclusive evidence of that fact.
(6) A person cannot be compelled to give any evidence in his capacity as an officer or servant