OpenLegislation

Article 7 Record of proceedings before a nominated court under Schedule 1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where the court nominated under section 15(1) of the Act is a magistrates' court.

(2)

The justices' clerk shall enter in the overseas record —

(a)

details of the request in respect of which the notice under section 15(1) of the Act was given;

(b)

the date on which, and place at which, the proceedings under Schedule 1 to the Act in respect of that request took place;

(c)

the name of any witness who gave evidence at the proceedings in question;

(d)

the name of any person who took part in the proceedings as a legal representative or an interpreter;

(e)

whether a witness was required to give evidence on oath or (by virtue of section 5 of the Oaths Act 1978f1) after making a solemn affirmation; and

(f)

whether the opportunity to cross-examine any witness was refused.

(3)

When the court gives the evidence received by it under paragraph 6(1) of Schedule 1 to the Act to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the justices' clerk shall send to the court, authority or territorial authority (as the case may be) a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.

Annotations

Footnotes

f1

1978 c. 19.