Evidence
(Proceedings in Other Jurisdictions) (Jersey) Order 1983
Jersey Order in Council
25/1983
EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) (JERSEY)
ORDER 1983
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(Registered
on the 23rd day of December, 1983)
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At the Court of Saint James.
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18th November, 1983.
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PRESENT
The Counsellors of State in Council.
WHEREAS
HER MAJESTY, in pursuance of the Regency Acts
1937 to 1953, was pleased, by Letters Patent dated the 3rd day of November
1983, to delegate to the six Counsellors of State therein named or any two or
more of them full power and authority during the period of Her Majesty’s
absence from the United Kingdom to summon and hold on Her Majesty’s
behalf Her Privy Council and to signify thereat Her Majesty’s approval
for anything for which Her Majesty’s approval in Council is required:
Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and
His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in
pursuance of section 10(3) of the Evidence (Proceedings in Other Jurisdictions)
Act 1975 and section 8(8) of the Protection of Trading Interests Act 1980 by and with
the advice of Her Majesty’s Privy Council, do on Her Majesty’s
behalf order, and it is hereby ordered, as follows: -
1. This Order may
be cited as the Evidence (Proceedings in Other Jurisdictions) (Jersey) Order 1983 and shall come into operation on 18th December 1983.
2. In this Order,
“Jersey” means the Bailiwick of
Jersey and the territorial waters adjacent thereto.
3.-(1) Subject to paragraph (2) below,
sections 1, 2, 3, 5, 9 and 10 of the Evidence (Proceedings in Other
Jurisdictions) Act 1975 shall extend to Jersey
with the exceptions, adaptations and modifications specified in the Schedule to
this Order.
(2) Sections 1, 2
and 3 shall not extend to Jersey except for
the purposes of section 5 (and accordingly shall have effect in Jersey only for the purposes of criminal proceedings).
4. The Protection of Trading
Interests Act 1980 (Jersey)
Order 1983 shall be amended by the substitution, for paragraph 5(2) of the
Schedule, of the following provision:
-
“(2) In
section 4, after the words “Evidence (Proceedings in Other Jurisdictions)
Act 1975” there shall be inserted the words “or under Article 3
of the Service of
Process and Taking of Evidence (Jersey) Law, 1960”.
N.E. LEIGH,
Clerk of the Privy Council.
SCHEDULE
(Article 3)
Exceptions, adaptations and modifications to provisions of the
Evidence (Proceedings in other Jurisdictions) Act 1975 as extended to Jersey
1. In
section 1 (as applied by section 5) –
(a) for the words
“the High Court, the Court of Session or the High Court of Justice in Northern Ireland”
there shall be substituted the words “the Royal Court”;
(b) for the words
“in the part of the United
Kingdom in which it exercises
jurisdiction” there shall be substituted the words “in Jersey”;
(c) for the words
“any part of the United
Kingdom or in a country or territory outside
the United Kingdom”
there shall be substituted the words “a country or territory outside Jersey; and
(d) for the words
“the High Court, Court of Session or High Court of Justice in Northern
Ireland, as the case may be, “there shall be substituted the words
“the Court”.
2. In
section (2(1) (as applied by section 5), for the words from “the High
Court, the Court of Session” to “exercises jurisdiction”
there shall be substituted the words “the Royal Court shall have power,
on any such application as is mentioned in section 1 above, by order to make
such provisions for obtaining evidence in Jersey”.
3. In
section 3 (as applied by section 5) –
(a) in subsection
(1)(a), for the words “the part of the United Kingdom in which the court
that made the order exercises jurisdiction” there shall be substituted
the word “Jersey”; and
(b) in subsection
(3), after the words “the United
Kingdom” there shall be inserted the
words “or of Jersey”.
4. In
section 5 –
(a) subsection
(1)(a) shall be omitted; and
(b) in subsection
(1)(b), for the words “that section” there shall be substituted the
words “section 1 above”.
5. Section
9(2) and (3) shall be omitted.
6. Section
10(2) and (3) shall be omitted.
EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975
Chapter 34
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ARRANGEMENT
OF SECTIONS
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Evidence for civil proceedings
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Section
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1.
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Application to
United Kingdom court for assistance in obtaining evidence for civil
proceedings in other court
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2.
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Power of United
Kingdom court to give effect to application for assistance
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3.
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Privilege of witnesses
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4.
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* * * * * * *
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Evidence for criminal proceedings
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5.
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Power of United
Kingdom court to assist in obtaining evidence for criminal proceedings in
overseas court * * * * *
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6.
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* * * * * * *
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Supplementary
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7.
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* * * * * * *
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8.
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* * * * * * *
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9.
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Interpretation
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10.
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Short title
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ELIZABETH II
1975 CHAPTER 34
AN ACT to make new provision for enabling
the High Court, the Court of Session and the High Court of Justice in Northern
Ireland to assist in obtaining evidence required for the purposes of
proceedings in other jurisdictions; to extend the powers of those courts to
issue process effective throughout the United Kingdom for securing the
attendance of witnesses; and for purposes connected with those matters.
(22nd May 1975)
BE
IT ENACTED by the Queen’s Most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled and by the authority of the same, as follows: -
EVIDENCE FOR CIVIL PROCEEDINGS
Application to United Kingdom court for assistance in obtaining
evidence for civil proceedings in other court
1. Where an
application is made to [the Royal Court] for an order for evidence to be
obtained [in Jersey] and the court is satisfied –
(a) that the
application is made in pursuance of a request issued by or on behalf of a court
or tribunal (“the requesting court”) exercising jurisdiction in [a
country or territory outside Jersey]; and
(b) that the
evidence to which the application relates is to be obtained for the purposes of
civil proceedings which either have been instituted before the requesting court
or whose institution before that court is contemplated,
[the Court] shall have the powers conferred on it by the following
provisions of this Act.
Power of United Kingdom court to give effect to application for
assistance
2.-(1) Subject to the provisions of this
section, [the Royal Court shall have power, on any such application as is
mentioned in section 1 above, by order to make such provision for obtaining
evidence in Jersey] as may appear to the Court to be appropriate for the
purpose of giving effect to the request in pursuance of which the application
is made; and any such order may require a person specified therein to take such
steps as the court may consider appropriate for that purpose.
(2) Without
prejudice to the generality of subsection (1) above but subject to the
provisions of this section, an order under this section may, in particular,
make provision –
(a) for the
examination of witnesses, either orally or in writing;
(b) for the
production of documents;
(c) for the
inspection, photographing, preservation, custody or detention of any property;
(d) for the taking
of samples of any property and the carrying out of any experiments on or with
any property;
(e) for the
medical examination of any persons;
(f) without
prejudice to paragraph (e) above, for the taking and testing of samples of
blood from any person.
(3) An order under
this section shall not require any particular steps to be taken unless they are
steps which can be required to be taken by way of obtaining evidence for the
purposes of civil proceedings in the court making the order (whether or not
proceedings of the same description as those to which the application for the
order relates); but this subsection shall not preclude the making of an order
requiring a person to give testimony (either orally or in writing) otherwise
than an oath where this is asked for by the requesting court.
(4) An order under
this section shall not require a person –
(a) to state what
documents relevant to the proceedings to which the application for the order
relates are or have been in his possession, custody or power; or
(b) to produce any
documents other than particular documents specified in the order as being
documents appearing to the court making the order to be, or to be likely to be,
in his possession, custody or power.
(5) A person who,
by virtue of an order under this section, is required to attend at any place
shall be entitled to the like conduct money and payment for expenses and loss
of time as on attendance as a witness in civil proceedings before the court
making the order.
Privilege of witnesses
3.-(1) A person shall not be compelled by
virtue of an order under section 2 above to give any evidence which he could
not be compelled to give –
(a) in civil
proceedings in [Jersey]; or
(b) subject to
subsection (2) below, in civil proceedings in the country or territory in which
the requesting court exercises jurisdiction.
(2) Subsection
(1)(b) above shall not apply unless the claim of the person in question to be
exempt from giving the evidence is either –
(a) supported by a
statement contained in the request (whether it is so supported unconditionally
or subject to conditions that are fulfilled); or
(b) conceded by
the applicant for the order;
and where such a claim made by any person is not supported or
conceded as aforesaid he may (subject to the other provisions of this section)
be required to give the evidence to which the claim relates but that evidence
shall not be transmitted to the requesting court if that court, on the matter
being referred to it, upholds the claim.
(3) Without
prejudice to subsection (1) above, a person shall not be compelled by virtue of
an order under section 2 above to give any evidence if his doing so would be
prejudicial to the security of the United Kingdom [or of Jersey]; and a
certificate signed by or on behalf of the Secretary of State to the effect that
it would be so prejudicial for that person to do so shall be conclusive
evidence of that fact.
(4) In this
section references to giving evidence include references to answering any
question and to producing any document and the reference in subsection (2)
above to the transmission of evidence given by a person shall be construed
accordingly.
4. * * * * * * *
EVIDENCE FOR CRIMINAL PROCEEDINGS
Power of United Kingdom court to assist in obtaining evidence for
criminal proceedings in overseas court
5.-(1) The provisions of sections 1 to 3 above
shall have effect in relation to the obtaining of evidence for the purposes of
criminal proceedings as they have effect in relation to the obtaining of
evidence for the purposes of civil proceedings except that –
(a) * * * * * * *
(b) paragraph (b)
of [section 1 above] shall apply only to proceedings which
have been instituted; and
(c) no order under
section 2 above shall make provision otherwise than for the examination of
witnesses, either orally or in writing, or for the production of documents.
(2) In its
application by virtue of subsection (1) above, section 3(1)(a) and (b) above
shall have effect as if for the words “civil proceedings” there
were substituted the words “criminal proceedings”.
(3) Nothing in
this section applies in the case of criminal proceedings of a political
character.
6. * * * * * * *
SUPPLEMENTARY
7. * * * * * * *
8. * * * * * * *
Interpretation
9.-(1) In this Act –
“civil proceedings”, in relation to the requesting
court, means proceedings in any civil or commercial matter;
“requesting court” has the meaning given in section 1
above;
“property” includes any land, chattel or other corporeal
property of any description;
“request” includes any commission, order or other
process issued by or on behalf of the requesting court.
(2) * * * * * * *
(3) * * * * * * *
(4) Nothing in
this Act shall be construed as enabling any court to make an order that is
binding on the Crown or on any person in his capacity as an officer or servant
of the Crown.
(5) Except so far
as the context otherwise requires, any reference in this Act to any enactment
is a reference to that enactment as amended or extended by or under any other
enactment.
Short title, commencement and extent
10.-(1) This Act may be cited as the Evidence
(Proceedings in Other Jurisdictions) Act 1975.
(2) * * * * * * *
(3) * * * * * * *