EXTRADITION ACT 1873 - SECT 5 Power of taking evidence in United Kingdom for foreign criminal matters.

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EXTRADITION ACT 1873 - SECT 5

Power of taking evidence in United Kingdom for foreign criminal matters.

5. A Secretary of State may, by order under his hand and seal, require a
police magistrate or a justice of the peace to take evidence for the purpose
of any criminal matter pending in any court or tribunal in any foreign state;
and the police magistrate or justice of the peace, upon the receipt of such
order, shall take the evidence of every witness appearing before him for the
purpose in like manner as if such witness appeared on a charge against some
defendant for an indictable offence, and shall certify at the foot of the
depositions so taken that such evidence was taken before him, and shall
transmit the same to the Secretary of State; such evidence may be taken in the
presence or absence of the person charged, if any, and the fact of such
presence or absence shall be stated in such deposition.

Any person may, after payment or tender to him of a reasonable sum for his
costs and expenses in this behalf, be compelled, for the purposes of this
section, to attend and give evidence and answer questions and produce
documents, in like manner and subject to the like conditions as he may in the
case of a charge preferred for an indictable offence.

...

Provided that nothing in this section shall apply in the case of any criminal
matter of a political character.

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Northern Irish Legislation

EXTRADITION ACT 1873 - SECT 5