United Kingdom of Great Britain and Northern Ireland
PART 3
OTHER FORMS OF ASSISTANCE
Forms of assistance
Taking or production of evidence
33.—(1) This section applies where the Governor receives a request from the ICC for assistance in the taking or production of evidence.
For this purpose “evidence” includes documents and other articles.
(2) The Governor may nominate a court in the Territory to receive the evidence to which the request relates.
(3) For this purpose the nominated court—
(a) has the same powers with respect to securing the attendance of witnesses and the production of documents or other articles as it has for the purpose of other proceedings before the court; and
(b) may take evidence on oath.
(4) A person shall not be compelled to give evidence or produce anything in proceedings under this section that he could not be compelled to give or produce in criminal proceedings in the Territory.
(5) If in order to comply with the request it is necessary for the evidence by the court to be verified in any manner, the notice nominating the court shall specify the nature of the verification required.
(6) No order for costs shall be made in proceedings under this section.
Taking or production of evidence: further provisions
34.—(1) The following provisions apply in relation to proceedings before a nominated court under section 29 and the evidence received in the proceedings.
(2) The court may, if it thinks it necessary in order to protect—
(a) victims and witnesses, or a person alleged to have committed an ICC crime, or
(b) confidential or sensitive information,
direct that the public be excluded from the court.
(3) The court shall ensure that a register is kept of the proceedings that indicates, in particular—
(a) which persons with an interest in the proceedings were present,
(b) which of those persons were represented and by whom, and
(c) whether any of those persons was denied the opportunity of cross-examining a witness as to any part of his testimony.
(4) The register shall not be open to inspection except as authorised by the Governor or with the leave of the court.
(5) A copy of the register of the proceedings shall be sent to the Governor for transmission to the ICC.
Taking of evidence - national procedures for ICC proceedings
Production of evidence - national procedures for ICC proceedings
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