Part 5Miscellaneous and general

I6Evidence

Annotations:
Commencement Information
I6

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

202I1Receivable documents

1

A Part 1 warrant may be received in evidence in proceedings under this Act.

2

Any other document issued in a category 1 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

3

A document issued in a category 2 territory may be received in evidence in proceedings under this Act if it is duly authenticated.

4

A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies—

a

it purports to be signed by a judge, magistrate or F1officerF1 of the territory;

F2aa

it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;

F2b

it purports to be authenticated by the oath or affirmation of a witness.

5

Subsections (2) and (3) do not prevent a document that is not duly authenticated from being received in evidence in proceedings under this Act.

203I2Documents sent by facsimile

1

This section applies if a document to be sent in connection with proceedings under this Act is sent by facsimile transmission.

2

This Act has effect as if the document received by facsimile transmission were the document used to make the transmission.

F3204I3Warrant issued by category 1 territory: transmission by other electronic means

1

This section applies if—

a

an arrest warrant is issued by an authority of a category 1 territory F11...,

b

the information contained in the warrant F12is transmitted to the designated authority by electronic means, and

c

that information is received by the designated authority in F4a form in which it is intelligible and which is capable of being used for subsequent reference.

F82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The reference in section 2(2) to an arrest warrant issued by a judicial authority of a category 1 territory is to be read as if it were a reference to the information received by the designated authority.

4

The references in section 63(1) to an arrest warrant are to be read as if they were references to the information received by the designated authority.

5

For the purposes of F7subsection (1) —

F10a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6b

information contained in the warrant is treated as being received by the designated authority in a form in which it is intelligible if the authority receives—

i

a summary of that information in English, and

ii

the text of the warrant itself,

in a form in which it is legible.

6

For the purposes of this section—

F9a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

references to information being transmitted by electronic means do not include facsimile transmission, F5 ...

F5 c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

205I4Written statements and admissions

1

The provisions mentioned in subsection (2) apply in relation to proceedings under this Act as they apply in relation to proceedings for an offence.

2

The provisions are—

a

section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement in criminal proceedings);

b

section 10 of the Criminal Justice Act 1967 (proof by formal admission in criminal proceedings);

c

section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (proof by written statement in criminal proceedings);

d

section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (proof by formal admission in criminal proceedings).

3

As applied by subsection (1) in relation to proceedings under this Act, section 10 of the Criminal Justice Act 1967 and section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 have effect as if—

a

references to the defendant were to the person whose extradition is sought (or who has been extradited);

b

references to the prosecutor were to the category 1 or category 2 territory concerned;

c

references to the trial were to the proceedings under this Act for the purposes of which the admission is made;

d

references to subsequent criminal proceedings were to subsequent proceedings under this Act.

206I5Burden and standard of proof

1

This section applies if, in proceedings under this Act, a question arises as to burden or standard of proof.

2

The question must be decided by applying any enactment or rule of law that would apply if the proceedings were proceedings for an offence.

3

Any enactment or rule of law applied under subsection (2) to proceedings under this Act must be applied as if—

a

the person whose extradition is sought (or who has been extradited) were accused of an offence;

b

the category 1 or category 2 territory concerned were the prosecution.

4

Subsections (2) and (3) are subject to any express provision of this Act.

5

In this section “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.