UNDCP MODEL FOREIGN EVIDENCE BILL,2000

Similar documents
Cook Islands: Mutual Assistance in Criminal Matters Act 2003

LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006 PART 1 PRELIMINARY PART 2 REQUESTS FOR ASSISTANCE GENERALLY

Mutual Assistance in Criminal Matters Act 2003

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

Fiji Islands Extradition Act 2003

This Act may be cited as the Mutual Assistance in Criminal and Related Matters Act 2003.

Criminal Procedure Act 2009

Rule 8400 Rules of Practice and Procedure GENERAL Introduction Definitions General Principles

Vanuatu Extradition Act

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005

Chapter 48. Evidence Act Certified on: / /20.

Extradition LAWS OF MALAYSIA REPRINT. Act 479 EXTRADITION ACT 1992

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 212, 1st November, 2000

(28 April 1999 to date) JUSTICES OF THE PEACE AND COMMISSIONERS OF OATHS ACT 16 OF 1963

BY-LAW NO. 44 ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS - RULES OF PRACTICE AND PROCEDURE OF THE DISCIPLINE COMMITTEE

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THECOLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO INDEX

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

SASKATCHEWAN COURT OF QUEEN S BENCH RULES RESPECTING PRE-TRIAL CONFERENCES

TAX APPEALS TRIBUNAL ACT

Guide to proceedings in the Competition Tribunal: Reviewing a reviewable determination

CODE OF PRACTICE (TAPE RECORDING OF INTERVIEWS WITH SUSPECTS) ORDER 2001 BR 42/2001 POLICE ACT : 85

REGISTRATION OF DEEDS ACT

Do Illinois rules expressly permit video recording of depositions, in lieu of stenography?

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THE COLLEGE OF REGISTERED PSYCHOTHERAPISTS AND REGISTERED MENTAL HEALTH THERAPISTS OF ONTARIO INDEX

THE ENVIRONMENT AND LAND USE APPEAL TRIBUNAL BILL (No. IV of 2012) Explanatory Memorandum

THE EVIDENCE (AMENDMENT) ACT, Arrangement of Sections

1 Tax Appeals Tribunal Act, 2013 Viva Africa Consulting LLP

Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 No 10

THE TAX APPEALS TRIBUNAL ACT, 2013 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

EXTRADITION ACT ARRANGEMENT OF SECTIONS Application of Act

Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 No 83

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

EVIDENCE. The Evidence Act

Evidence Act CHAPTER 154 OF THE REVISED STATUTES, as amended by

FREEDOM OF INFORMATION

Clause 10.4 of the Legal Aid ACT General Panel Services Agreement requires the practitioner to comply with certain practice standards.

FBOR DISCIPLINARY APPEAL PROCEDURE City of Seaside

INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT

the invitation by the EU to Montenegro to participate in the EU-led operation,

Compliance audits 22. (1) The Commission is responsible for the enforcement of the obligations imposed on employers by sections 5, 9 to 15 and 17.

CHAPTER 299 FILMS

METHOD OF INQUIRY INTO ALLEGED IMPROPER CONDUCT: ENGINEERING PROFESSION OF SOUTH AFRICA ACT, 1990 (ACT NO. 114 OF 1990) SCHEDULE

Republic of Trinidad and Tobago

This Bill would amend the Magistrate s Courts Act, Cap. 116A to (a)

Drafting Instructions for the Trade Marks Rules THE TRADE MARKS BILL, 2015 ARRANGEMENT OF RULES

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

1980, No. 27 Evidence Amendment (No. 2) 173

Family Dispute Resolution Act 2013

THE SUPREME COURT ACT, 2011

GUYANA. ACT No. 19 of 2008 EVIDENCE (AMENDMENT) ACT 2008

CHAPTER VIII THE TOKYO CONVENTION ACT, 1975 (20 OF 1975)

CHAPTER 242 ADMINISTRATION OF ESTATES (JURISDICTION AND PROCEDURE) /

SUPREME COURT OF GEORGIA. Atlanta June 11, The Honorable Supreme Court met pursuant to adjournment. The following order was passed:

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 55, No. 84, 14th July, 2016

COMMISSIONS OF INQUIRY ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

THE EXTRADITION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II EXTRADITION TO AND

Illegal Logging Prohibition Act 2012

Be sure to look up definitions present at the beginning for both sections. RULES OF PROCEDURE IN TRAFFIC CASES AND BOATING CASES

TAKING OF EVIDENCE BY VIDEO-LINK UNDER THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS

BELIZE COMMISSIONS OF INQUIRY ACT CHAPTER 127 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Attorney s BriefCase Beyond the Basics Depositions in Family Law Matters

Second Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017

BELIZE COMMISSIONS OF INQUIRY ACT CHAPTER 127 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

THE UNITED REPUBLIC OF TANZANIA THE TAX REVENUE APPEALS ACT CHAPTER 408 REVISED EDITION 2006

ANNEX II COUNCIL OF THE EUROPEAN UNION. Brussels, 22 July 2009 (OR. en) 10088/09 COSDP 476 PESC 668 COAFR 182 CONUN 52 SOMALIA 22

NIGERIA Patent Rules under section 30, L.N. 96 of 1971 Commencement: 1st December, 1971

CHAPTER 40:08 NATIONAL ARCHIVES OF GUYANA ACT ARRANGEMENT OF SECTIONS

In-Court Media Coverage Guidelines 2016

SCHEDULE CHAPTER 117 THE REGISTRATION OF DOCUMENTS ACT An Act relating to the registration of documents. [1st January, 1924]

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 55, No. 31, 10th March, 2016

Rules for Bankruptcy Cases, B.E (1999) Translation

PART III POWERS OF INVESTIGATION 11. Special powers of investigation. 12. Power to obtain information. 13. Powers of search, and to obtain assistance.

RULE 16. Exhibits and Evidence

Act 1 Land (Amendment) Act 2010

Rhode Island False Claims Act

PARLIAMENT (POWERS AND PRIVILEGES ACT)

CHAPTER 96 EXTRADITION ARRANGEMENT OF SECTIONS

PLEASE NOTE Legislative Counsel Office not Table of Public Acts

CONTEMPT OF COURT ACT

RULE 82 CRIMINAL APPEAL RULE INTERPRETATION AND DEFINITIONS

The Law Society of British Columbia In the matter of the Legal Profession Act, SBC 1998, c.9 and a hearing concerning. Gary Russell Vlug.

THE PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS ) BILL 2002

FOREIGN INVESTMENT ACT

REHABILITATION OF OFFENDERS BILL, 2017 EXPLANATORY NOTES

COURT OF QUEEN S BENCH CRIMINAL RULES

MARINE CORPS LEAGUE PROFESSIONAL DEVELOPMENT PROGRAM GRIEVANCES & DISCIPLINE LESSON PLAN 5

THE EVIDENCE (AMENDMENT) BILL, 2006

Organic Law on immediate and transitional constitutional provisions

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT. Published by Authority NO. 23] FRIDAY, NOVEMBER 4 [2016 EMPLOYMENT CLAIMS ACT 2016

No. 904 of Organic Law on immediate and transitional constitutional provisions. Certified on: / /20.

Act 7 Magistrates Courts (Amendment) Act 2007

MUTUAL LEGAL ASSISTANCE ACT

COURT OF APPEAL RULES, 1997 (C.I 19)

THE PROBATE RULES. (Section 9) PART I PRELIMINARY PROVISIONS (rules 1-3)

New Jersey Rules of Evidence Article VI - Witnesses

The Social Workers Act

THE SMALL CLAIMS COURT BILL, 2007

Transcription:

UNDCP MODEL FOREIGN EVIDENCE BILL,2000 Bill No... of 2000 ----- To be presented by the Minister of Justice ----- MEMORANDUM OF OBJECTS AND REASONS ----- The object of this bill is to provide for the admissibility in [name of State] of evidence obtained from a foreign State. ATTORNEY-GENERAL ------ An Act to provide for the manner and form in which evidence obtained from outside [name of State] may be admissible in proceedings in [name of State], and for related purposes. ENACTED by the President and Parliament of [name of State] 1. Short title, Extent and Commencement This Act may be called the "Foreign Evidence Act, 2000". It shall extend throughout [name of State]. It shall come into force [at once]. 2. Interpretation In this Act, unless the context otherwise requires: "authorized officer" means: the [Attorney-General]; or a person appointed by the [Attorney-General], by notice

published in [the Gazette], as an authorized officer for the purposes of this Act; 2 "civil proceeding" means a proceeding other than a criminal proceeding; "criminal proceeding"includes: a prosecution for an offence; a proceeding for the sentencing of a person convicted of an offence; (d) (e) "foreign law" means a law (whether written or unwritten) of, or in force in a foreign State; "foreign material" means: the testimony of a person that: (A) (B) was obtained as a result of a request of a kind referred to in section 4 of the [Mutual Assistance in Criminal Matters Act, 2000]; complies with the requirements of section 4 of this Act; (iii) any exhibit annexed to any such testimony; any part of any such testimony or exhibit; (f) foreign State means: any country other than [name of State]; and every constituent part of such country, including a territory, dependency or protectorate, which administers its own laws relating to evidence; (g) (h) (j) international criminal tribunal means any court or tribunal listed in the Schedule to the Mutual Assistance in Criminal Matters Act, 2000; international criminal tribunal offence means any offence for which an international criminal tribunal has power to prosecute a person; "related civil proceedings", in relation to a criminal proceeding, means any civil proceedings arising from the same subject matter from which the criminal proceeding arose; "[name of State] court" means: the [Court of Appeal]; the [High Court]:

3 (iii) (iv) a magistrates court; or a person or body authorized by a [name of State] law, or by consent of parties, to hear, receive and examine evidence; (k) "[name of State] law" means a law (whether written or unwritten) of or in force in [name of State]. 3. Application of this Act This Act applies to: a proceeding before a [name of State] court that is: a criminal proceeding in relation to [name of State] law of; or a related civil proceeding; testimony obtained as a result of a request made by or on behalf of the [Attorney-General] to a foreign State or international criminal tribunal for the testimony of a person pursuant to the [Mutual Assistance in Criminal Matters Act, 2000]; and any exhibit annexed to any such testimony. 4. Requirements for testimony (1) The testimony must be taken before a court or international criminal tribunal: on oath or affirmation; or under such caution or admonition as would be accepted by the court or international criminal tribunal concerned, for the purposes of giving testimony in proceedings before it. (2) The testimony may be taken in camera. 5. Form of testimony (1) The testimony may be recorded: (d) in writing; on audio tape; on video tape; or by any other electronic or mechanical means, or may be taken by means of technology that permits the virtual presence of the person in [name of State].

4 (2) The writing need not: be in the form of an affidavit; or constitute a transcript of a proceeding in a foreign court or international criminal tribunal. (3) Where the testimony has been made by means of video or other means which permits the virtual presence of the person in [name of State], that testimony shall be deemed to have been given in [name of State]. (4) The testimony must be endorsed with, or accompanied by, a certificate to the effect that; it is an accurate record of the evidence given; and it was taken in a manner specified in section 4. (5) The certificate must purport to: be signed or certified by a judge, magistrate or court officer of the foreign State or international criminal tribunal to which the request was made; and bear an official or public seal of; the foreign State or international criminal tribunal; or an authority of the foreign State responsible for matters relating to justice, being a Minister of State, a Ministry or Department of Government, or an officer in or of the Government. 6. Foreign material may be adduced as evidence (1) Subject to subsection (2), foreign material may be adduced as evidence in a proceeding to which this Act applies. (2) The foreign material will be excluded from evidence if: it appears to the court's satisfaction, at the hearing of the proceeding, that the person who gave the testimony concerned is present in [name of State] and is able to testify at the hearing; the evidence would not have been admissible had it been adduced from the person at the hearing; or it appears to the court that the interests of justice would not be served by admitting the evidence. (3) In reaching a decision pursuant to subsection (2), the court shall take into account: the extent to which the foreign material provides evidence that would not otherwise be available; the probative value of the foreign material with respect to any issue that is likely to be determined in the proceeding;

5 (d) (e) the extent to which statements contained in the material could, at the time they were made, be challenged by questioning the persons who made them; whether exclusion of the material would cause undue expense or delay; and whether exclusion of the foreign evidence would prejudice: the defence in criminal proceeding; or any party to related civil proceedings. 7. Proof of service of documents abroad The service of documents in a foreign State may be proved by affidavit of the person who served it. 8. Certificates relating to foreign material (1) An authorized officer may certify that specified foreign material was obtained as a result of a request made to a foreign State or international criminal tribunal by or on behalf of the Minister. (2) It is presumed (unless evidence sufficient to raise reasonable doubt is adduced to the contrary) that the foreign material specified in the certificate was obtained as a result of that request. 9. Operation of other laws This Act does not limit the ways in which a matter may be proved, or evidence may be adduced under any other [name of State] law.

UNDCP MODEL FOREIGN EVIDENCE BILL 2000 INDEX 1. Short title, Extent and Commencement...1 2. Interpretation...1 3. Application of this Act...3 4. Requirements for testimony...3 5. Form of testimony...3 6. Foreign material may be adduced as evidence...4 7. Proof of service of documents abroad...4 8. Certificates relating to foreign material...5 9. Operation of other laws...5