Overseas evidence for use in Anguilla.
3.—(1) Where on an application made in accordance with subsection (2) below it appears to a Magistrate or a judge—
(a)that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and
(b)that proceedings in respect of the offence have been instituted or that the offence is being investigated,
he may issue a letter (“a letter of request”) requesting assistance in obtaining outside Anguilla such evidence as is specified in the letter for use in the proceedings or investigation.
(2) An application under subsection (1) above may be made by a prosecuting authority or, if proceedings have been instituted, by the person charged in those proceedings.
(3) A prosecuting authority which is for the time being designated for the purposes of this section by an order made by the Governor may itself issue a letter of request if—
(a)it is satisfied as to the matters mentioned in subsection (1)(a) above; and
(b)the offence in question is being investigated or the authority has instituted proceedings in respect of it.
(4) Subject to subsection (5) below, a letter of request shall be sent to the Governor for transmission either—
(a)to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained; or
(b)to any authority recognised by the government of the country or territory in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.
(5) In cases of urgency a letter of request may be sent direct to such a court or tribunal as is mentioned in subsection (4)(a) above.
(6) In this section “evidence” includes documents and other articles.
(7) Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in subsection (4)(b) above be used for any purpose other than that specified in the letter; and when any document or other article obtained pursuant to a letter of request is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to such an authority unless that authority indicates that the document or article need not be returned.