Page 808 - IOM Law Society Rules Book

430 Proceeds of Crime Act 2008 c.13

SCH. 6 Insertion of 2. After Schedule 2 to the Criminal Justice Act 1990 insert —
new Schedule
3 to the
Criminal “Sections 29B and 29C SCHEDULE 3
Justice Act
1990 EVIDENCE GIVEN BY TELEVISION LINK OR TELEPHONE
[c.1]
P2003/32/Sch2 Part 1

Evidence given by television link

Securing 1. The High Bailiff has the like powers for securing the attendance
attendance of the witness to give evidence through the link as the High Bailiff
of witnesses
has for the purpose of proceedings before the High Bailiff.

Conduct 2. The witness is to give evidence in the presence of the High Bailiff.
of hearing

3. The High Bailiff is to establish the identity of the witness.

4. The High Bailiff is to intervene where the High Bailiff considers
it necessary to do so to safeguard the rights of the witness.

5. The evidence is to be given under the supervision of the court of
the country or territory concerned.

6. The evidence is to be given in accordance with the laws of that
country or territory and with any measures for the protection of the
witness agreed between the Attorney General and the authority in
that country or territory which appears to the Attorney General to
have the function of entering into agreements of that kind.

7. Rules of court must make provision for the use of interpreters.

8. Where no rules of court have been made the High Bailiff may
adopt such practice and procedure as the High Bailiff thinks fit.

Privilege 9. (1) The witness cannot be compelled to give any evidence
of witness which the witness could not be compelled to give in criminal
proceedings in the Island.
(2) The witness cannot be compelled to give any evidence if
doing so would be prejudicial to the security of the Island.

(3) A certificate signed by or on behalf of the Attorney General
to the effect that it would be so prejudicial for that person to do so is
to be conclusive evidence of that fact.

(4) The witness cannot be compelled to give any evidence in
that person’s capacity as an officer or servant of the Crown.