Criminal Justice (Mutual Assistance) Act 2008
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Evidence in proceedings (general). |
102.— (1) In any proceedings a document purporting— | |
(a) to be— | ||
(i) a request or a supporting or related document, | ||
(ii) an order made or warrant issued by a court, tribunal or authority in a designated state, | ||
(iii) a record of the making or issue of such an order or warrant, or | ||
(iv) a record of the date and mode of service of a document in a designated state, | ||
and | ||
(b) to be signed by or on behalf of the court or tribunal concerned or an authority appearing to be competent to do so, | ||
is admissible, without further proof, as evidence of the matters mentioned in the document. | ||
(2) In any proceedings a document purporting to— | ||
(a) relate to— | ||
(i) the identity of an item required as evidence in criminal proceedings or for the purposes of a criminal investigation, | ||
(ii) the continuity of its custody, or | ||
(iii) the integrity of its condition, | ||
and | ||
(b) to be signed by a person appearing to have responsibility for custody of the item, | ||
is admissible, without further proof, as evidence of the matters mentioned in the document. | ||
(3) In any proceedings a document purporting— | ||
(a) to be a translation of a document mentioned in subsection (1) or (2) or of a statement or document mentioned in section 62 (8), 73 (8) or 77 (8), and | ||
(b) to be certified as correct by a person appearing to be competent to do so, | ||
is admissible, without further proof, as evidence of the translation. | ||
(4) In any proceedings a document purporting to be a copy of a document mentioned in subsection (1) or (2), and— | ||
(a) to be certified to be such a copy by or on behalf of the court, tribunal or authority issuing it or by an officer of the central authority of the state concerned, or | ||
(b) to bear the seal of the court, tribunal or either such authority concerned, | ||
is deemed to be a true copy of the document. | ||
(5) In any proceedings a document purporting— | ||
(a) to be a certificate given by or on behalf of a court, tribunal or authority in a designated state, or | ||
(b) to bear the seal of such a court, tribunal or other authority, | ||
is admissible, without further proof, as evidence of such a certificate or seal. | ||
(6) In any proceedings a document purporting— | ||
(a) to set out the text of a reservation or declaration under a relevant international instrument, and | ||
(b) to be signed by an officer of the Department of Foreign Affairs, | ||
is admissible, without further proof, as evidence of the reservation or declaration. |