Jersey Law 12/1985
SERVICE OF PROCESS AND TAKING OF EVIDENCE (AMENDMENT) (JERSEY) LAW,
1985
____________
A LAW to
amend the Service of Process and Taking of Evidence (Jersey) Law, 1960,
sanctioned by Order of Her Majesty in Council of the
20th day of MARCH, 1985
____________
(Registered on the
12th day of April, 1985).
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STATES OF JERSEY
____________
The 13th day of
March, 1984.
____________
THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law: -
ARTICLE
1
The long title of the Service of Process and Taking of Evidence
(Jersey) Law, 1960 (hereinafter referred to as
“the principal Law”) shall be amended by inserting after the word
“pending” the words “or in contemplation”.
ARTICLE
2
The heading of Part II of the principal Law shall be
amended by inserting after the word “pending” the words “or
in contemplation”.
ARTICLE
3
The principal Law shall be amended by repealing Articles 3 and 4 and substituting the following Articles –
“ARTICLE 3
Application to Royal Court for
assistance in obtaining evidence for civil proceedings in a court or tribunal
outside the Island
Where an application is made to the Royal Court for an order for
evidence to be obtained in the Island and the court is satisfied –
(a) that
the application is made in pursuance of a request issued by or on behalf of a
court or tribunal (‘the requesting court’) exercising jurisdiction
in a country or territory outside the Island; and
(b) that
the evidence to which the application relates is to be obtained for the
purposes of civil proceedings which either have been instituted before the
requesting court or whose institution before that court is contemplated,
the Royal Court shall have the powers conferred on it by the provisions
of this Part of this Law.
ARTICLE 4
Power of Royal Court to give effect to
application for assistance
(1) Subject
to the provisions of this Article, the Royal Court shall have power, on any
such application as is mentioned in Article 3 of this Law, by order to make
such provision for obtaining evidence in the Island as may appear to the court
to be appropriate for the purpose of giving effect to the request in pursuance
of which the application is made; and any such order may require a person
specified therein to take such steps as the court may consider appropriate for
that purpose.
(2) Without
prejudice to the generality of paragraph (1) of this Article but subject to the
provisions of this Article, an order under this Article may, in particular,
make provision –
(a) for
the examination of witnesses, either orally or in writing;
(b) for
the production of documents;
(c) for
the inspection, photographing, preservation, custody or detention of any
property;
(d) for
the taking of samples of any property and the carrying out of any experiments
on or with any property;
(e) for
the medical examination of any person;
(f) without
prejudice to sub-paragraph (e) of this paragraph, for the taking and testing of
samples of blood from any person.
(3) An
order made under this Article shall not require any particular steps to be
taken unless they are steps which can be required to be taken by way of
obtaining evidence for the purpose of civil proceedings in the Royal Court
(whether or not proceedings of the same description as those to which the
application for the order relates); but this paragraph shall not preclude the
making of an order requiring a person to give testimony (either orally or in
writing) otherwise than on oath where this is asked for by the requesting court.
(4) An
order under this Article shall not require a person –
(a) to
state what documents relevant to the proceedings to which the application for
the order relates are or have been in his possession, custody or power; or
(b) to
produce any documents other than particular documents specified in the order as
being documents appearing to the Royal Court to be, or to be likely to be, in
his possession, custody or power.
ARTICLE 4A
Privilege of witnesses
(1) A
person shall not be compelled by virtue of an order under Article 4 of this Law
to give any evidence which he could not be compelled to give –
(a) in
civil proceedings in the Island; or
(b) subject
to paragraph (2) of this Article, in civil proceedings in the country or
territory in which the requesting court exercises jurisdiction.
(2) Sub-paragraph
(b) of paragraph (1) of this Article shall not apply unless the claim of the
person in question to be exempt from giving the evidence is either –
(a) supported
by a statement contained in the request (whether it is so supported
unconditionally or subject to conditions that are fulfilled); or
(b) conceded
by the applicant for the order;
and where such a claim made by any person is not supported or
conceded as aforesaid he may (subject to the other provisions of this Article)
be required to give the evidence to which the claim relates but that evidence
shall not be transmitted to the requesting court if that court, on the matter
being referred to it, upholds the claim.
(3) Without
prejudice to paragraph (1) of this Article, a person shall not be compelled by
virtue of an order under Article 4 of this Law to give any evidence if his
doing so would be prejudicial to the security of the British Islands or any of
them; and a certificate signed by or on behalf of the Lieutenant-Governor to
the effect that it would be so prejudicial for that person to do so shall be
conclusive evidence of the fact.
(4) In
this Article references to giving evidence include references to answering any
question and to producing any document and the reference in paragraph (2) of
this Article to the transmission of evidence given by a person shall be
construed accordingly.
ARTICLE 4B
Power of Royal Court to assist in
obtaining evidence for international proceedings
(1) The
provisions of this Part of this Law other than this Article shall apply to the
Court of Justice of the European Communities.
(2) The
States may by regulations direct that, subject to such exceptions, adaptations
or modifications as may be specified in the regulations the provisions of this
Part of this Law shall have effect in relation to international proceedings of
any description specified in the regulations.
(3) In
this Article ‘international proceedings’ means proceedings before
the International Court of Justice or any other court, tribunal, commission,
body or authority (whether consisting of one or more persons) which, in
pursuance of any international agreement or any resolution of the General
Assembly of the United Nations, exercises any jurisdiction or performs any
functions of a judicial nature or by way of arbitration, conciliation or
inquiry or is appointed (whether permanently or temporarily) for the purpose of
exercising any jurisdiction or performing any such functions.
ARTICLE 4C
Interpretation of Part II
In this Part of this Law –
‘civil proceedings’ in relation to the requesting
court, means proceedings in a civil or commercial matter;
‘property’ includes any land, chattel or other
corporeal property of any description;
‘request’ includes any commission, order or other
process issued by or on behalf of the requesting court; and
‘requesting court’ has the meaning given in Article 3
of this Law.”.
ARTICLE
4
The principal Law shall be amended by repealing Article 7 and substituting the following Article –
“ARTICLE 7
False unsworn statement
If any person, in giving any testimony (either orally or in
writing) otherwise than on oath, where required to do so by an order under
Article 4 of this Law, makes a statement –
(a) which
he knows to be false in a material particular; or
(b) which
is false in a material particular and which he does not believe to be true,
he shall be guilty of an offence and shall be liable on conviction
to imprisonment for a term not exceeding two years or a fine or both.”.
ARTICLE
5
This Law may be cited as the Service of Process and Taking of
Evidence (Amendment) (Jersey) Law, 1985.
E.J.M. POTTER
Greffier of the States.