COMMITTAL PROCEEDINGS (CLAUSE 5)
27. Clause 5 of the Scheme provides that the judicial authority will hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the offence were committed within their own jurisdiction.
28. Professor Shearer finds that the provision is working satisfactorily although he makes points about the admissability of hearsay evidence.
He recommends no changes. He mentions also that Section 5 of the 1881 Act requires "a strong or probable presumption of guilt" and urges countries still operating under the Act to implement the Scheme.
UK POSITION
29.
Section 7 of the 1967 Act reflects clause 5 of the Scheme.
practice requesting States have found no particular difficulty in satisfying the requirements as to evidence and admissability.
ard
30. The difficulties experienced with countries which have not implemented the Scheme / referred to in paragraph 11 ahove.
LINE TO TAKE
In
31. We agree with Professor Shearer that clause 5 is working satisfactorily and hope that countries which have not implemented the
Scheme will do so.
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7' f
No comments yet.
Private notes are available after approval.