Mutual Assistance In Criminal Matters - Assistance In Relation To Taking Of Evidence And Production Of Documents Or Other Articles (Ss 9-10)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=484

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[Ch0804s9]9. Requests by Botswana

The

Director of Public Prosecutions may in writing request an appropriate authority

of a foreign country to arrange for-

(a) evidence to be taken in the foreign

country; or

(b) documents or other articles in the foreign

country to be produced, for the purposes of a proceeding in relation to a

criminal matter in Botswana.

[Ch0804s10]10. Requests by foreign countries

(1)

Where a request is made by a foreign country that-

(a) evidence be taken in Botswana; or

(b) documents or other articles in Botswana be

produced,

for the purposes of a proceeding in relation to a criminal matter in the

foreign country, the Director of Public Prosecutions may by writing in

accordance with the approved form, authorise the taking of the evidence or the

production of the documents or other articles, and the transmission of the

evidence, documents or other articles to the foreign country.

(2)

Where the Director of Public Prosecutions authorises the taking of evidence or

the production of documents or other articles under subsection (1)-

(a) in the case of taking evidence, a

magistrate may take the evidence on oath of each witness appearing before him

to give evidence in relation to the matter, and a magistrate who takes any such

evidence shall-

(i) cause the evidence to be put in writing

and certify that the evidence was taken by him; and

(ii) cause the writing so certified to be sent

to the Director of Public Prosecutions; or

(b) in the case of the production of documents

or other articles, a magistrate may require the production of the documents or

other articles and, where the documents or other articles are produced, he

shall send the documents, or copies of the documents certified by him to be

true copies, or the other articles, to the Director of Public Prosecutions.

(3)

The evidence of such a witness may be taken in the presence or absence of the

person to whom the proceeding in the foreign country relates or of his legal

representative, if any.

(4)

The magistrate conducting a proceeding under subsection (2) may permit-

(a) the person to whom the proceeding in the

foreign country relates;

(b) any other person giving evidence or

producing documents or other articles at the proceeding before the magistrate;

and

(c) the relevant authority of the foreign

country,

to have legal representation at the proceeding before him.

(5)

The certificate by the magistrate under subsection (2) shall state whether,

when the evidence was taken or the documents or other articles were produced,

any of the following persons were present-

(a) the person to whom the proceeding in the

foreign country relates or his legal representative, if any;

(b) any other person giving evidence or

producing documents or other articles or his legal representative, if any.

(6)

For the purposes of this section, the person to whom the proceeding in the

foreign country relates is competent but not compellable to give evidence.