Page 806 - IOM Law Society Rules Book

428 Proceeds of Crime Act 2008 c.13

Section 220 SCHEDULE 6

AMENDMENTS TO CRIMINAL JUSTICE LEGISLATION

Evidence

Insertion of 1. (1) After section 29 of the Criminal Justice Act 1990 insert —
new sections
29A to 29D of “Hearing 29A. The Department of Home Affairs may by order provide for
the Criminal witnesses
Justice Act abroad section 27 (proceedings in which evidence may be given through
1990 television link) to apply to any further description of criminal
through
television proceedings, or to all criminal proceedings.
[c.1]
links
P2003/32/29
Hearing 29B. (1) This section applies where —
witnesses in
the Island
through (a) the Attorney General causes an application to be made under
television section 21(2) of the Criminal Justice Act 1991; and
links
P2003/32/30 (b) the request to which the application relates includes a request
for a person in the Island to give evidence through a live
[c.25] television link in criminal proceedings before a court in a
country or territory outside the Island.

(2) In this section, criminal proceedings include any
proceedings on an appeal before a court against a decision in
administrative proceedings.

(3) Unless the Attorney General considers it inappropriate to
do so, the Attorney General must cause an application to be made to
the High Bailiff for the witness to be heard in the proceedings in
question through a live television link.

(4) Anything done by the witness in the presence of the High
Bailiff which, if it were done in proceedings before the High Bailiff,
would constitute contempt of court is to be treated for that purpose as
done in proceedings before the High Bailiff.

(5) Any statement made on oath by a witness giving evidence in
pursuance of this section is to be treated for the purposes of section 1 of
[XVIII p.86] the Perjury Act 1952 as made in proceedings before the High Bailiff.

(6) Part 1 of Schedule 3 (evidence given by television link) is
to have effect.

(7) Subject to subsections (4) and (5) and the provisions of that
Schedule, evidence given pursuant to this section is not to be treated
for any purpose as evidence given in proceedings in the Island.

Hearing 29C. (1) This section applies where —
witnesses
in the
Island by (a) the Attorney General causes an application to be made under
telephone section 21(2) of the Criminal Justice Act 1991; and
P2003/32/31
(b) the request to which the application relates includes a request
[c.25] for a person in the Island to give evidence by telephone in