PART VIIIapplications under the crime (international co-operation) act 2003

Interpretation55

In this Part of these Rules:

• “the Act” means the Crime (International Co-operation) Act 20039; a reference to a section or a Schedule by a number is a reference to the section or Schedule so numbered in the Act; and expressions which are defined in the Act have the same meaning as in the Act.

Notice required to accompany process served outside the United Kingdom56

1

The notice which by virtue of section 3(4)(b) shall accompany any process served outside the United Kingdom shall, so far as is reasonably practicable, give the information specified in paragraphs (2) and (4).

2

The notice shall –

a

state that the person required by the process to appear as a party or attend as a witness may obtain information about his rights in connection with such requirement from the relevant authority; and

b

give the particulars specified in paragraph (4) about that authority.

3

The “relevant authority” where the process is served –

a

at the request of the prosecuting authority, is that prosecuting authority;

b

at the request of the defendant, or of the prosecutor in the case of a private prosecution, is the Court by which the process is served.

4

The particulars referred to in paragraph (2) are –

a

the name and address of the prosecuting authority or, as the case may be, the Court, together with its telephone and fax numbers and e-mail address;

b

the name of a person at the prosecuting authority or, as the case may be, the Court who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

5

Where section 3(3) applies, the chief clerk shall require any process served outside the United Kingdom to be accompanied by –

a

any translation which is provided under section 3(3)(b); and

b

any translation of the information required to be given by this rule which is provided to him.

Proof of service outside the United Kingdom57

1

The service on any person under section 4(1) of any process issued or made may be proved in any proceedings by a certificate given by or on behalf of the Secretary of State.

2

A statement in any such certificate as is mentioned in paragraph (1) –

a

that a process has been served;

b

of the manner in which service was effected;

c

of the date on which a process was served,

shall be admissible as evidence of any facts so stated.

Notice of application for request for assistance58

1

An application under section 7(1) (requests for assistance in obtaining evidence abroad) shall, subject to paragraph (2), be made by giving notice in writing to the chief clerk and shall –

a

state the particulars of the offence which it is alleged has been committed or the grounds upon which it is suspected that an offence has been committed;

b

state whether proceedings in respect of the offence have been instituted or the offence is being investigated; and

c

include particulars of the assistance requested in the form of a draft request for assistance.

2

The judge may direct that paragraph (1) need not be complied with if he is satisfied that the applicant has good reason to make the application as soon as possible and it is not practicable to comply with that paragraph.

3

Where the judge makes a request for assistance under section 8(1), the chief clerk shall send a copy of the letter of request to the Secretary of State as soon as is reasonably practicable after the request has been made.

Proceedings before a nominated court59

In proceedings before a nominated court pursuant to a notice under section 15(1), the Court may –

a

determine who may appear or take part in the proceedings under Schedule 1 and whether a party to the proceedings is entitled to be legally represented; and

b

if it thinks it necessary to do so in the interests of justice, direct that all or any persons not being members or officers of the Court or parties to the proceedings, their solicitors or counsel, or other persons directly concerned in the proceedings, be excluded from the Court during the proceedings.

Record of proceedings before a nominated court60

1

In proceedings before a court nominated pursuant to a notice under section 15(1), the chief clerk shall make a record of the evidence received by the Court and the information prescribed in paragraph (2).

2

The information referred to in paragraph (1) is –

a

details of the request in respect of which the notice under section 15(1) was given;

b

the date on which, and place at which, the proceedings under Schedule 1 in respect of that request took place;

c

the name of any witness who gave evidence at the proceedings in question;

d

the name of any person who took part in the proceedings as a legal representative or as an interpreter;

e

whether a witness was required to give evidence on oath or after making a solemn affirmation; and

f

whether the opportunity to cross-examine any witness was refused.

3

When the Court sends the evidence received by it under paragraph 6(1) of Schedule 1 to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the chief clerk shall send to the court, authority or, as the case may be, territorial authority a copy of an extract of so much of the record as relates to the proceedings in respect of that request.

Interpreter for the purposes of proceedings involving a television or telephone link61

1

This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) is a Crown Court.

2

Where it appears to the chief clerk that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 (“the relevant proceedings”) is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into English.

3

Where it appears to the chief clerk that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, section 31(1) (“the external court”) will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.

4

Where the evidence in the relevant proceedings is given in a language other than English and is not translated into English by an interpreter, the Court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.

Record of television link before a nominated court62

1

In proceedings before a court nominated pursuant to a notice under section 30(3), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).

2

The information referred to in paragraph (1) is –

a

details of the request in respect of which the notice under section 30(3) was given;

b

the date on which, and place at which, the proceedings under Part 1 of Schedule 2 in respect of that request took place;

c

the technical conditions, such as the type of equipment used, under which the proceedings took place;

d

the name of the witness who gave evidence;

e

the name of any person who took part in the proceedings as a legal representative or as an interpreter; and

f

the language in which the evidence was given.

3

As soon as is reasonably practicable after the proceedings under Part 1 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.

Record of telephone link before a nominated court62A

1

In proceedings before a court nominated pursuant to a notice under section 31(4), the chief clerk shall make a record of the evidence given in the presence of the Court and the information prescribed in paragraph (2).

2

The information referred to in paragraph (1) is –

a

details of the request in respect of which the notice under section 31(4) was given;

b

the date on which, and place at which, the proceedings under Part 2 of Schedule 2 took place;

c

the name of the witness who gave evidence;

d

the name of any person who took part in the proceedings as a legal representative or as an interpreter; and

e

the language in which the evidence was given.

4

As soon as is reasonably practicable after the proceedings under Part 2 of Schedule 2, the chief clerk shall send to the external authority that made the request a copy of an extract of so much of the record as relates to the proceedings in respect of that request.

Restriction on access to records kept under rules 60, 62 and 62A62B

The records kept under rules 60, 62 and 62A shall not be open to inspection by any person except –

a

as authorised by the Secretary of State; or

b

with leave of the Court.