Evidence (Proceedings in Other Jurisdictions) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-156.pdf
Published: 1981

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Evidence (Proceedings in Other (CAP. 156 I
Jurisdictions)

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CHAPTER 156

'THE EVIDENCE (PROCEEDINGS IN O T H E R
JURISDICTIONS) ACT

Arrangement of Sections
Stction

1 . Short title.
2 . Interpretation.

EVIDENCE FOR CIVIL PROCEEDINGS

3 . Application to High Court for assistance in obtaining
evidence for civil proceedings in other court.

4. Power of High Court to give effect to application for
assistance.

5. Privilege of witnesses.
6. Extension of powers of High Court etc. in relation to

obtaining evidence for proceedings in that Court.

EVIDENCE FOR CRIMINAL PROCEEDINGS

7 . Power of High Court to assist in obtaining evidence for
criminal proceedings in overseas court.

EVIDENCE FOR INTERNATIONAL PROCEEDINGS

8. Power of High Court to assist in obtaining evidence for
international proceedings.

SUPPLEMENTARY

9. Rules of Court.
10. Penalty for false unsworn statement.
1 1. Repeals and consequential matters.

SCHEDULE.

LAWS OF ANTIGUA AND B m U D A

Evidence (Proceedings in Other (CAP. 156 3
,Jurisdictions)

EVIDENCE (PROCEEDINGS IN OTHER
JURISDICTIONS)

(1st October, 1981 .)

1. This Act may be cited as the Evidence (Proceedings short title.
in Other Jurisdictions) Act.

2. (1) I n this Act- Interpretation

"civil proceedings7', in relation to the requesting court,
means proceedings in any civil or commercial
matter;

" requesting court7' has the meaning given in section
3 of this Act;

' 6 property" includes any land, chattel or other corporeal
property of any description;

" request" includes any commission, order or other pro-
cess issued by or on behalf of the requesting court.

(2) Any power conferred by section 8 of this Act to make
an order includes power to revoke or vary any such order
by a subsequent order.

(3) 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.

(4) Except as 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.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 156) Evidence (Proceedings in Other
1urisdictions)

EVIDENCE FOR CIVIL PROCEEDINGS

Application to
High Court for

3 . Where an application is made to the High Court
assistance in for an order for evidence to be obtained in Antigua and -
obtaining
evidence for civil

Barbuda, and the court is satisfied-
proceedings in
other court. (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 Antigua and Barbuda; and

(6) 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 High Court shall have the powers conferred on it by
the following provisions of this Act.

Power o f High 4. (1) Subject to the provisions of this section, the
Court to give
effect to High Court shall have power, on any such application as
application for is mentioned in section 3 above, by order to make such pro-
assistance.

vision for obtaining evidence in Antigua and Barbuda 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 con-
sider 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;

(6) 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 person;

LAWS OF ANTIGUA AND BARBUDA

Evidence (Proceedinfs in Other (CAP. 156 5
Jurisdictions)

Cf) 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 on 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 pro-
ceedings to which the application for the order relates
are or have been in his possession, custody or power; or

(6) 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 sec-
tion, 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.

5 . (1) A person shall not be compelled by virtue of privilege of
witnesses.

an order under section 4 above to give any evidence which
he could not be compelled to give-

(a) in civil proceedings in Antigua and Barbuda; or

( 6 ) 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-

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 156) Evidence (Proceedings in Other
Jurisdictions)

(a) supported by a statement contained in the
request (whether it is so supported unconditionally or
subject to conditions that are fulfilled); or

(6) 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 provi-
sions of this section) be required to give 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 4
above to give any evidence if his doing so would be pre-
judicial to the security of the United Kingdom, Antigua and
Barbuda or any other State concerned under international
law; and a certificate signed by or on behalf of the Minister
responsible for such security 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.

Extension of
powers of High
Court etc. in
relation to
obtaining
evidence for
proceedings in
that Court.
Cap. 143.

6. Section 79 of the Eastern Caribbean Supreme
Court Act (which enables the High Court to enforce a
subpoena on any person to attend as a witness in any pro-
ceedings before a judge of the High Court) shall have effect
as if references to attendance before a judge included
references to attendance before an examiner or commissioner
appointed by the court or a judge thereof in any cause or
matter in that court, including an examiner or commissioner
appointed to take evidence outside the jurisdiction of the
court.

IAWS OF ANTIGUA AND BARBUDA

Evidence (Pr~ceedin~qs in Other (CAP. 156 7
Jurisdictions)

EVIDENCE FOR CRIMINAL PROCEEDINGS

7. ( 1 ) The provisions of sections 3 to 5 above shall Power of High
Court to assist in

have effect in relation to the obtaining of evidence for the obtaining
purposes of criminal proceedings as they have effect in evidence for

criminal
relation to the obtaining of evidence for the purposes of civil proceedings in
proceedings except that- O V C ~ S C ~ S court.

(a) paragraph ( b ) of section 3 above shall apply only
to proceedings which have been instituted; and

(b) no order under section 4 above shall make pro-
vision 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 5 ( 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.

EVIDENCE FOR INTERNATIONAL PROCEEDINGS

8. (1) The Governor-General may by Order direct Power of High
court to assist in that, subject to such exceptions, adaptations or modifica-

tions as may be specified in the Order, the provisions of :vidence for
~ntcrnational

sections 3 to 5 above shall have effect in relation to inter- proccedinss.
national proceedings of any description specified in the Order.

( 2 ) An Order under this section may direct that the pro- Cap. 324.
visions of the Perjury Act shall have effect in relation to
international proceedings to which the Order applies as it
has effect in relation to a judicial proceeding in a tribunal
o f a foreign state.

( 3 ) In this section "international proceedings" means
proceedings before the International Court of Justice or any
other court, tribunal, commission, body or authority (whether
consisting of one or more persons) which, in pursuance of
ariy international agreement or any resolution of the General
Assembly of the United Nations, exercises any jurisdiction

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 156) Evidence (Proceedings in Other
. lurisdictions)

or performs any functions of a judicial nature or by way
of arbitration, conciliation or inquiry or is appointed (whether
permanently or temporarily) for the purpose of exercising
any jurisdiction or performing any such functions.

SUPPLEMENTARY

Rules of Court.
S.I. 1967.

9. The power to make rules of court under section
N ~ . 223. 17 of the Supreme Court Order shall include power to make

rules of court-

(a) as to the manner in which any such application
as is mentioned in section 3 above is to be made;

(b) subject to the provisions of this Act, as to the
circumstances in which an order can be made under
section 4 above; and

(c) as to the manner in which any such reference
as is mentioned in section 5 (2) above is to be made;

and any such rules may include such incidental, supple-
mentary and consequential provision as the authority making
the rules may consider necessary or expedient.

Penalty for false
unsworn 10. Without prejudice to the provisions of the Perjury
statement. Act, if any person in giving any testimony (either orally or
Cap. 324. in writing) otherwise than on oath, where required to do

so by an order under section 4 above makes a statement-
(a) which he knows to be fdsc in a material

particular, or

(6) which is false in a material particular and which
he does not believe to be true,

he shall be guilty of an offence and shall bc liable on con-
viction on indictment to imprisonment for a term not
exceeding two years or a fine or both.

Repeals and
consequential

1 . (1) The Statutes of the United Kingdom
matters. mentioned in the Schedule to this Act in so far as they have
Schedule. effect as part of the law of Antigua and Barbuda are hereby

repealed to the extent specified in the third column thereof.

(2) Nothing in this section shall affect-

(a) any application to any court or judge which
is pending at the commencement of this Act;

LAWS OF ANTIGUA AND BARBUDA

Evidence (Proceedinzs in Other (CAP. 156 9
Jurisdictions)

(6) any certificate given for the purposes of any
such application;

(c ) any power to make a n order on such applica.
tion; o r

(d) the operation or enforcement of any order made
on such a n application.

( 3 ) Subsection ( 2 ) above is without prejudice to Cap. 224.
section 31 of the Interpretation Act.

SCHEDULE Section 11

Repeals

Chapter Short title Extent

19 & 22 Vict. c. 113 The Foreign Tribunals The whole Act.
Evidence Act 1856

22 Vict. c. 20. The Evidence by Commission The whole Act.
Act 1859

33 & 34 Vict. c. 52 The Extradition Act 1870 Section 24
48 & 49 Vict. c. 74. The Evidence by Commission The whole Act.

Act 1885.