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Article 5 Notice of application for letters of request

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

Notice of an application under section 3(1) (overseas evidence for use in the United Kingdom) of the Act shall be given to the justices' clerk of a magistrates' court and shall—

(a)

be made in writing, save that the court may in exceptional circumstances dispense with the need for notice;

(b)

state that the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed;

(c)

state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and

(d)

include particulars of the assistance requested in the form of a draft letter of request.