Page 842 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
5 The nominated court is to intervene where it considers it necessary to do so to safeguard
the rights of the witness.
6 The evidence is to be given under the supervision of the court of the country concerned.
Crime (International Co-operation) Act 2003 (c. 32)
Schedule 2 — Evidence given by television link or telephone
Part 1 — Evidence given by television link 65
7 The evidence is to be given in accordance with the laws of that country and with any mea-
sures for the protection of the witness agreed between the Secretary of State and the authority in
that country which appears to him to have the function of entering into agreements of that kind.
8 Rules of court under section 49 must make provision for the use of interpreters.
Privilege of witness
9 (1) The witness cannot be compelled to give any evidence which he could not be compelled
to give in criminal proceedings in the part of the United Kingdom in which the nominated court
exercises jurisdiction.
(2) The witness cannot be compelled to give any evidence if his doing so would be prejudicial
to the security of the United Kingdom.
(3) 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 to
be conclusive evidence of that fact.
(4) The witness cannot be compelled to give any evidence in his capacity as an officer or ser-
vant of the Crown.
(5) Sub-paragraphs (2) and (4) are without prejudice to the generality of subparagraph (1).
Record of hearing
10 Rules of court under section 49 must make provision—
(a) for the drawing up of a record of the hearing,
(b) for sending the record to the external authority.
PART 2
EVIDENCE GIVEN BY TELEPHONE
Notification of witness
11- The nominated court must notify the witness of the time when and the place at which he
is to give evidence by telephone.