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Criminal Justice (International Co-operation) Act 1990
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- 1990 c. 5
- SCHEDULE 1
- Privilege of witnesses
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
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- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
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- S.I. 2011/2515 art. 2 3 commences (2011 c. 13)
- S.S.I. 2003/210 art. 2 commences (2002 c. 29)
Privilege of witnessesE+W+S+N.I.
4(1)A person shall not be compelled to give in the proceedings any evidence which he could not be compelled to give—E+W+S+N.I.
(a)in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction; or
(b)subject to sub-paragraph (2) below, in criminal proceedings in the country or territory from which the request for the evidence has come.
(2)Sub-paragraph (1)(b) above shall not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court, tribunal or authority which made the request.
(3)Where such a claim made by any person is not conceded as aforesaid he may (subject to the other provisions of this paragraph) be required to give the evidence to which the claim relates but the evidence shall not be transmitted to the court, tribunal or authority which requested it if a court in the country or territory in question, on the matter being referred to it, upholds the claim.
(4)Without prejudice to sub-paragraph (1) above a person shall not be compelled under this Schedule to give any evidence if his doing so would be prejudicial to the security of the United Kingdom; and a certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, by or on behalf of the Lord Advocate to the effect that it would be so prejudicial for that person to do so shall be conclusive evidence of that fact.
(5)Without prejudice to sub-paragraph (1) above a person shall not be compelled under this Schedule to give any evidence in his capacity as an officer or servant of the Crown.
(6)In this paragraph references to giving evidence include references to answering any question and to producing any document or other article and the reference in sub-paragraph (3) above to the transmission of evidence given by a person shall be construed accordingly.
Annotations:
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Modifications etc. (not altering text)
C1Sch. 1 para. 4 applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 18(4)(b).
Sch. 1 para. 4 applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 18(4)(b).
Commencement Information
I1Schedule 1 para. 4 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2(a), Schedule Pt. I
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