s.8Powers of Judge to compel witness or for production of evidence
8
Section 8Part 3 — Execution of Requests

Powers of Judge to compel witness or for production of evidence

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Where, under a request, any person is required to testify, the Authority shall apply to a Judge for the Judge to receive such testimony as appears to that Judge to be appropriate for the purpose of giving effect to the request, and such testimony shall be provided to the competent authority of the requesting Party.
The Judge may, in pursuance of an application under subsection (1), issue a subpoena, take evidence under oath and exercise any other power which the Grand Court may exercise for the purpose of compelling testimony.
A person shall not be compelled in any proceedings under this section to give evidence which that person could not be compelled to give in proceedings in the Islands.
Where, under a request, the Authority considers it necessary to obtain specified information or information of a specified description from any person the Authority shall —
in the case of information required for proceedings in the territory of the requesting Party, apply to a Judge for an order to produce such information; or
in the case other than that referred to in paragraph (a), issue a notice in writing requiring the production of such information as may be specified in the notice; and such notice may require the information —
to be provided within a specified time;
to be provided in such form as the Authority may require; and
to be verified or authenticated in such manner as the Authority may require.
For the purposes of subsections (4) and (13) the word "proceedings" means criminal proceedings.
Where information is produced under subsection (4)(b) —
the Authority may take copies or extracts of any information; and
where a person claims a lien on a document, the production is without prejudice to that person's lien.
An order under subsection (7) or a notice under subsection (4)(b) —
shall not confer any right to production of, or access to, items subject to legal privilege; and
shall have effect notwithstanding any obligation as to confidentiality or other restriction upon the disclosure of information whether imposed by the Confidential Information Disclosure Act, 2016 [Law 23 of 2016], any other law or the common law.
If, on an application under subsection (4)(a), the Judge is satisfied that the conditions in subsection (9) are fulfilled, the Judge may make an order that the person who appears to the Judge to be in possession or control of the information to which the application relates shall —
produce it to a constable to take away; or
give a constable access to it,
within such period as the order may specify.
The period to be specified in an order under subsection (7) shall be fourteen days, unless it appears to the Judge that a longer or shorter period would be appropriate in the particular circumstances of the application.
The conditions referred to in subsection (7) are that the Judge is satisfied that —
the Authority has certified the request in accordance with section 7(3);
the information to which the request relates is under the possession or control of a person in the Islands;
the information to which the request relates does not include items subject to legal privilege or items subject to protection as secret, pursuant to the terms of a scheduled Agreement;
the provisions of section 17(1) have been complied with; and
pursuant to the terms of the relevant scheduled Agreement, there are no reasonable grounds for not granting the request.
Where the Judge makes an order under subsection (7)(b) in relation to information held on any premises the Judge may, on the application of the Authority, order any person who appears to the Judge to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the information.
The Chief Justice may make rules governing the procedure in relation to —
applications for the grant, discharge and variation of orders under subsection (7); and
proceedings relating to such orders.
Where the information to which an order under subsection (7) or a notice under subsection (4)(b) relates consists of information maintained as an electronic record, such information shall be produced in a form in which it can be taken away and in which it is visible and legible or in a form in which it is visible and legible, as the case may be.
Where, pursuant to a request concerning proceedings or investigations, an order under subsection (7) has been made or has been applied for, and has not been refused, or a warrant under section 24(3) has been issued, a person who, knowing or suspecting that a request has been made, or that an investigation into any matter to which a request relates is taking place, makes any disclosure which is likely to prejudice the proceedings or the investigation to which the request may relate, commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for five years.
In proceedings against a person for an offence under subsection (13), it is a defence to prove —
that the person did not know or believe that the disclosure was likely to prejudice the request or investigation; or
that the person had lawful authority or reasonable excuse for making the disclosure.
Any documents or other written information obtained under an order by virtue of subsection (7) shall be brought immediately to the Authority to be dealt with according to this Act.
A person required to testify or to produce information under subsection (7) shall have the right to be represented by an attorney-at-law when that person does so.

Defined Terms

proceedings

Cross References