30)
process requiring the appearance of any person as a witness or defendant [in criminal proceedings?] before a tribunal in the territory of the Requesting Party which is transmitted to it for the purposes of service.".
Paragraph 2
UK to ask what "a response" means.
31)
Paragraph 3
32)
33)
34)
35)
UK to ask for clarification. Does the reference to "other judicial orders in criminal matters" include outstanding convictions in respect of which sentence has not been completed? Does it include judgment debts? This would in any case be difficult to administer: a full criminal record of the person to be served would be required, including judgments from District Courts.
UK. What is meant by the words "person to be served"? Does it include persons offering to assist under Article XVI?
Paragraph 4
UK to suggest replacing "return" by "provide" because the document for service may not have been originally sent by the Requesting Party.
UK. What requirements would be placed on UK by the obligation to return/provide proof of service "in the manner required by the Requesting Party"?
Paragraph 5
UK "A person" includes a defendant. Is it really intended that a defendant should not be liable to any penalty or coercive measure for failing to comply with any process served on him?
Article XIII
36)
37)
Paragraph (1)
UK would prefer to see line 2 replaced by "provide [copies of?] the following documents in the territory of the Requested Party:
- public records;
publicly available judicial records.".
Paragraph 2
UK to stress that the provision of copies to documents records and information must be discretionary since some government departments are unlikely to provide such documents (eg Home Office policy not to release file documents without a court order). Suggest adding "at its discretion" after "may".