Part 5
Other Requests
52.—
(1) This section applies where the Minister receives from the International Criminal Court a request under Article 93.1(b) for—
(a) the taking of evidence, including testimony on oath, from persons other than persons suspected of having committed an ICC offence or persons being investigated or prosecuted by the Court, or
(b) the production of evidence, including expert opinions and reports necessary to the Court.
(2) Where this section applies, the Minister may, subject to section 4—
(a) request the President of the District Court to nominate a judge of that Court to receive the evidence to which the request relates, and
(b) send the judge a copy of the request and of any accompanying or related documents.
(3) For the purposes of this section the nominated judge—
(a) shall have the powers of the District Court in criminal proceedings, including its powers—
(i) in relation to securing the attendance of witnesses, the production of documents or other articles, the taking of evidence on oath and, subject to subsection (4), compelling witnesses to give evidence or produce documents or other things and the conduct generally of the proceedings for the taking of evidence, and
(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,
and
(b) may, if of opinion that it is necessary to protect—
(i) victims or witnesses or a person alleged to have committed an ICC offence, or
(ii) confidential or sensitive information,
direct that the proceedings before him or her, or any part of them, be held otherwise than in public.
(4) The judge shall inform a person in relation to whom this section applies of the rights referred to in paragraph 1 of Article 55 (rights of persons during an investigation).
(5) A person is not compelled to give in the proceedings any evidence which he or she could not be compelled to give in criminal proceedings in the State.
(6) Subject to subsection (5), any person who is summoned to give evidence in the proceedings and who, without reasonable excuse, fails or refuses to answer any question or to comply with a requirement to produce any document or other thing is guilty of an offence and liable, on summary conviction, to a fine not exceeding \1,500 or imprisonment for a term not exceeding 6 months or both.
(7) If at any stage of the proceedings it appears that there are grounds for suspecting that the person has committed an ICC offence, the judge shall—
(a) inform the person of his or her rights under paragraph 2 of Article 55,
(b) where necessary, order that the person be provided a competent interpreter, and
(c) order that legal aid be provided for the person if it appears to the judge that the person’s means are insufficient to enable him or her to obtain such aid.
(8) On the making of an order under subsection (7) (c) the person shall be entitled to free legal aid in the proceedings and for that purpose section 2 of the Criminal Justice (Legal Aid) Act 1962 shall apply, with the necessary modifications, in relation to the person as if he or she had been granted a legal aid (District Court) certificate under that section.
(9) The judge shall—
(a) send the record of any evidence received under this section to the Minister for transmission to the Court, and
(b) supply any certificate or other form of authentication in relation to the evidence as may be required for compliance with the request.
(10) In subsection (3) (a) (ii) “enactment” includes the Criminal Law (Rape) Acts 1981 and 1990, Criminal Evidence Act 1992, Criminal Justice Act 1999 and Children Act 2001.
Taking of evidence - authority - ICC proceedings
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