Introduction of additional evidence
17.15.—(1) Where a party wants to introduce evidence at an extradition hearing under the law that would apply if that hearing were a trial, the relevant Part of these Rules applies with such adaptations as the court directs.
(2) If the court admits as evidence the written statement of a witness—
(a)each relevant part of the statement must be read or summarised aloud; or
(b)the court must read the statement and its gist must be summarised aloud.
(3) If a party introduces in evidence a fact admitted by another party, or the parties jointly admit a fact, a written record must be made of the admission.
[Note. The admissibility of evidence that a party introduces is governed by rules of evidence.
Under section 202 of the Extradition Act 2003(1), the court may receive in evidence—
(a)a warrant to which Part 1 of the Act applies;
(b)any other document issued in a territory to which Part 1 of the Act applies, if the document is authenticated as required by the Act;
(c)a document issued in a territory to which Part 2 of the Act applies, if the document is authenticated as required by the Act.
Under sections 84 and 86 of the Act, which apply to evidence, if required, at an extradition hearing to which Part 2 of the Act applies, the court may accept as evidence of a fact a statement by a person in a document if oral evidence by that person of that fact would be admissible, and the statement was made to a police officer, or to someone else responsible for investigating offences or charging offenders.
Under section 205 of the Act, section 9 (proof by written witness statement) and section 10 (proof by formal admission) of the Criminal Justice Act 1967(2) apply to extradition proceedings as they apply in relation to proceedings for an offence.]
2003 c. 41; section 202 was amended by paragraph 26 of Schedule 13 to the Police and Justice Act 2006 (c. 48).
1967 c. 80; section 9 was amended by section 56 of, and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), regulation 9 of, and paragraph 4 of Schedule 5 to, S.I. 2001/1090 and by paragraph 43 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44). It is further amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54) and section 65 of, and paragraph 1 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from dates to be appointed.