Document ID: chunk:federal_register_of_legislation:F2017C00270:schedule:1:p6
Version: federal_register_of_legislation:F2017C00270
Segment Type: schedule
Provision Reference: sch 1 (pt 6/12)
Character Range: 18635–21415

Party, may allow such persons as specified in the request to participate in taking of evidence, subject to the laws and procedures of the Requested Party.

       (5) Live video or audio links or other appropriate communication facilities may be used in accordance with the laws and procedures of the Requested Party for the purpose of executing this Article if it is expedient to do so.

       (6) A person who is required to give evidence in the Requested Party under this Article may decline to give evidence where either:
           (a) the laws of the Requested Party would permit that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or
           (b) the laws of the Requesting Party would permit that witness to decline to give evidence in the proceedings in the Requesting Party.

       (7) If any person claims that there is a right to decline to give evidence under the laws of the Requesting Party, the Central Authority of that Party shall, upon request, provide a certificate to the Central Authority of the Requested Party as to the existence of that right.  In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.

  ARTICLE 11
  OBTAINING OF VOLUNTARY STATEMENTS OF PERSONS

       (1) The Requested Party shall, upon request, endeavour to obtain voluntary statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting Party.

       (2) A request under this Article shall specify the subject matter about which statements are sought, including any questions to be put to persons from whom statements are to be taken.

  ARTICLE 12
  AVAILABILITY OF PERSONS IN CUSTODY TO GIVE EVIDENCE OR TO ASSIST INVESTIGATIONS

       (1) A person in custody in the Requested Party may, at the request of the Requesting Party and in accordance with this Article, be temporarily transferred to the Requesting Party to assist investigations or to give evidence.

       (2) The Requested Party shall not transfer a person in custody to the Requesting Party unless the person consents to that transfer, and the Parties have previously reached a written agreement on the conditions of the transfer.

       (3) While the person transferred is required to be held in custody under the laws of the Requested Party, the Requesting Party shall hold that person in custody and shall return that person in custody to the Requested Party at the conclusion of the matter in relation to which transfer was sought under paragraph 1 of this Article or at such earlier time as the person's presence is no longer required. The period of custody in the territory of the Requesting Party shall