Document ID: chunk:federal_register_of_legislation:F1996B01848:body:0:p5
Version: federal_register_of_legislation:F1996B01848
Segment Type: other
Provision Reference: 
Character Range: 10650–13390

the production of documents, records or other material.
3. For the purposes of requests under this Article the Requesting State shall specify any particular questions to be put to the witnesses or the subject matter about which they are to be examined.
4. Where, pursuant to a request for assistance, a person is to give evidence for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in the Requesting State, their legal representatives or representatives of the Requesting State may. subject to the law of the Requested State, appear and question the person giving that evidence.

SCHEDULE—continued

5. A person who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where either:
      (a) the law of the Requested State would permit or require that person to decline to give evidence in similar circumstances in proceedings which originated in the Requested State; or
      (b) where the law of the Requesting State would permit or require that person to decline to give evidence in such proceedings in the Requesting State.
6. If any person claims that there is a right or requirement to decline to give evidence under the law of the Requesting State, the Requested State shall with respect thereto rely on a certificate of the Central Office of the Requesting State.

ARTICLE 11
OBTAINING OF STATEMENTS OF PERSONS
Where a request is made to obtain the statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State, the Requested State shall endeavour to obtain such statements.

ARTICLE 12
AVAILABILITY OF PRISONERS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS
1. A prisoner in the Requested State may at the request of the Requesting State be temporarily transferred to the Requesting State to give evidence or to assist investigations.
2. The Requested State shall not transfer a prisoner to the Requesting State unless the prisoner consents.
3. While the original sentence of a prisoner in the Requested State has not expired, the Requesting State shall hold the prisoner in custody and shall return that prisoner in custody to the Requested State as soon as possible.
4. Where the sentence imposed on a person transferred under this Article expires whilst the person is in the Requesting State, that person shall thereafter be released and be treated as a person referred to in Article 13.

ARTICLE 13
AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS
1. The Requesting State may request the assistance of the Requested State in making a person available to appear as a witness in proceedings in relation to a criminal matter in the