Australia

International Criminal Court Act (2002), No. 41, 2002

Part 4—Other requests by ICC

Division 5—Taking evidence or producing documents or articles


65 Taking of evidence

(1) If the Attorney General authorises the taking of evidence, a magistrate:

(a) must give written notice to each person from whom evidence is to be taken stating that the authorisation has been given and setting out the date and time when, and the place where, the evidence is to be taken; and
(b) may take the evidence on oath from each witness appearing before the magistrate to give evidence in relation to the matter.

(2) Evidence from a witness may be taken by means of video or audio technology.

(3) A magistrate who takes any such evidence must:

(a) cause the evidence to be recorded in writing or in any other form that the magistrate considers to be appropriate in the circumstances; and
(b) certify that the evidence was taken by the magistrate; and
(c) cause the writing, or other record of the evidence, so certified to be sent to the Attorney General.

Keywords

Taking of evidence - national procedures for ICC proceedings



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