Directory_and_Chronicle_1905 — Page 323

FOREIGN JURISDICTION ACT, 1830

243

with offences for

6.—(1.) Where a person is charged with an offence cognizable by Power to send a British court in a foreign country, any person having authority derived persons charged from Her Majesty in that behalf may, by warrant, cause the person so trial to a British charged to be sent for trial to any British possession for toe time being pussession. 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 s authorise 1, the supreme criminal court of that possession may cause him to be kept in safe and proper custody, and so soon as con- veniently may be may inquire of, try, and determine the offence, and on conviction punish the ofender according to the laws in force in that behalf within that possession in the same manner as if the offence ha 1 been committed within the jurisdiction of that criminal court.

}

Provided that-

(a.) A person so charged my, before being so sent for trial, tender for examination to a British court in the foreign country where the offence 18 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 aud 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 trausmit 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, as far as that law relates to the criminality of the act alleged to have been committed, or the nature or 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.

ment of persons

7. Where an offen ler convicted before a British court in a foreign Provision as to country has been sentenced by that court to suffer death, penal servitude, place of punish- imprisonment, or any other punishment, the sentence shall be carried convicted. into effect in such place as may be directed by Order in Council or he deter vinel in accordance with directions given by Order in Council, and the conviction and sentence shall be of the same force in the place in which the sntence is so carried into effect as if the conviction had been male and the sentence passed by a competent court in that place.

done under Order"

8. Where, by Order in Council ma le in pursuance of this Act, any Yalidity of note British court in a foreign country is authorisel to order the removal or in Council, deportation of any person from that country, that removal or deportation, and any detention for the purposes thereof, according to the provisions

Google

Original from

UNIVERSITY OF MICHIGAN