Page 809 - IOM Law Society Rules Book
P. 809

c.13               Proceeds of Crime Act 2008                  431

                                         (5) Sub-paragraphs (2) and (4) are without prejudice to the SCH. 6
                                     generality of sub-paragraph (1).



                           Record    10. Rules of court must make provision —
                           of hearing
                                         (a) for the drawing up of a record of the hearing,

                                         (b) for sending the record to the court, tribunal or authority
                                             which requested the assistance from the Attorney General.


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


                                                               Part 2

                                                     Evidence given by telephone

                           Notification  12. The High Bailiff must notify the witness of the time when and
                           of witness
                                     the place at which the witness is to give evidence by telephone.


                           Conduct   13. The High Bailiff must be satisfied that the witness is willingly
                           of hearing  giving evidence by telephone.



                                     14. The witness is to give evidence in the presence of the High Bailiff.


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


                                     16. The evidence is to be given under the supervision of the court of
                                     the participating country or territory.


                                     17. The evidence is to be given in accordance with the laws of that
                                     country or territory.


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


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


                           3.   For section 21 of the Criminal Justice Act 1991 substitute —    Substitution
                                                                                                of section
                                                                                                21 of the
                           “Evidence  21. (1) This section has effect where the Attorney General
                           for use   receives —                                                 Criminal
                           outside the                                                          Justice Act
                           Island                                                               1991
                                         (a) from a court or tribunal exercising criminal jurisdiction in
                           P1990/5/4         a country or territory outside the Island or a prosecuting  [c.25]
                           and               authority in such a country or territory; or
                           P2003/32/14
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