Page 807 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 429

criminal proceedings before a court in a country or territory SCH. 6
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) A request under subsection (1) must —

(a) specify the court in the requesting country or territory;

(b) give the name and address of the witness; and

(c) state that the witness is willing to give evidence by telephone
in the proceedings before that court.

(4) 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 by telephone.

(5) 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.

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

(7) Part 2 of Schedule 3 (evidence given by telephone link) is
to have effect.

(8) Subject to subsections (5) and (6) and the provisions of
that Schedule, evidence given in pursuance of this section is not
to be treated for any purpose as evidence given in proceedings in
the Island.

Interpretation 29D. In sections 29A to 29C —
of sections
29A to 29C
“administrative proceedings” include proceedings outside the
P2003/32/51 Island brought by administrative authorities in the requesting
country or territory in respect of acts which are punishable
under the laws of that country or territory as infringements
of the law, and where a decision in the proceedings may be
the subject of an appeal before a court exercising criminal
jurisdiction in that country or territory;

“criminal proceedings” include criminal proceedings outside the
Island in which a civil order may be made;

“evidence” includes information in any form and articles, and
giving evidence includes answering a question or producing
any information or article.”.