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The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997
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- 1997 No. 283
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Article 16(4)
SCHEDULELOCAL EVIDENCE FOR INTERNATIONAL TRIBUNAL USE: PROCEEDINGS BEFORE THE ROYAL COURT
Securing attendance of witnesses
1. The Royal Court shall have the like powers for securing the attendance of witnesses for the purpose of the proceedings as it has for the purpose of other criminal proceedings before the Royal Court.
Power to administer oaths
2. The Royal Court may in the proceedings take evidence on oath.
Privilege of witnesses
3.—(1) A person shall not be compelled to give in the proceedings any evidence which he could not be compelled to give—
(a)in criminal proceedings before the Royal Court; or
(b)subject to sub-paragraph (2), in proceedings before the International Tribunal concerned.
(2) Sub-paragraph (1)(b) shall not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the International Tribunal concerned.
(3) Without prejudice to sub-paragraph (1), a person shall not be compelled under this Schedule to give any evidence if his doing so would be prejudicial to the security of Jersey; and 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 shall be conclusive evidence of that fact.
(4) Without prejudice to sub-paragraph (1), a person shall not be compelled under this Schedule to give any evidence in his capacity as an officer or servant of the Crown.
(5) In this paragraph, references to giving evidence include references to answering any question and to producing any document or other article.
Bankers' Books
4. For the avoidance of doubt, it is hereby declared that the Bankers' Books Evidence (Jersey) Law, 1986 applies to the proceedings as it applies to other proceedings before the Royal Court.
Costs
5. No order for costs shall be made in the proceedings.
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