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FOREIGN JURISDICTION ACT 1890 - SECT 6

Power to send persons charged with offences for trial to a British possession.

6.(1) Where a person is charged with an offence cognizable by a
British court in a foreign country, any person having authority derived from
Her Majesty in that behalf may, by warrant, cause the person so charged to be
sent for trial to any British possession for the time being appointed in that
behalf by Order in Council, and upon the arrival of the person so charged in
that British possession, such criminal court of that possession as is
authorised in that behalf by Order in Council, or if no court is so
authorised, the supreme criminal court of that possession, may cause him to be
kept in safe and proper custody, and so soon as conveniently may be may
inquire of, try, and determine the offence, and on conviction punish the
offender according to the laws in force in that behalf within that possession
in the same manner as if the offence had been committed within the
jurisdiction of that criminal court.

Provided that

(a)A person so charged may, before being so sent for trial tender for
examination in a British court in the foreign country where the offence is
alleged to have been committed any competent witness whose evidence he deems
material for his defence and whom he alleges himself unable to produce at the
trial in the British possession:

(b)In such case the British court in the foreign country shall proceed in the
examination and cross-examination of the witness as though he had been
tendered at a trial before that court, and shall cause the evidence so taken
to be reduced into writing, and shall transmit to the criminal court of the
British possession by which the person charged is to be tried a copy of the
evidence, certified as correct under the seal of the court before which the
evidence was taken, or the signature of a judge of that court:

(c)Thereupon the court of the British possession before which the trial takes
place shall allow so much of the evidence so taken as would have been
admissible according to the law and practice of that court, had the witness
been produced and examined at the trial, to be read and received as legal
evidence at the trial:

(d)The court of the British possession shall admit and give effect to the law
by which the alleged offender would have been tried by the British court in
the foreign country in which his offence is alleged to have been committed, so
far as that law relates to the criminality of the act alleged to have been
committed, or the nature or the degree of the offence, or the punishment
thereof, if the law differs in those respects from the law in force in that
British possession.

(2) Nothing in this section shall alter or repeal any law, statute, or usage
by virtue of which any offence committed out of Her Majesty's dominions may,
irrespectively of this Act be inquired of, tried, determined, and punished
within Her Majesty's dominions, or any part thereof.

© 1890 Crown Copyright

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