Overseas evidence for use in Belize

(1) Where, on an application made in accordance with sub–section (2), it appears to a Magistrate or Judge– (a) that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed; and (b) that proceedings in respect of the offence have been instituted or that the offence is being investigated, he may issue a letter (a “letter of request”) requesting assistance in obtaining outside Belize such evidence as is specified in the letter for use in the proceedings or investigation. (2) An application under sub–section (1) may be made by the central authority or, if proceedings have been instituted, by the person charged in those proceedings. (3) The central authority may himself issue a letter of request if– (a) he is satisfied as to the matters mentioned in paragraph (1)(a); and (b) the offence in question is being investigated or he has instituted proceedings in respect of it. (4) Subject to sub–section (5), a letter of request shall be sent to the Minister for transmission eitherInternational Co-operation Act [CAP. 103:04 17 (a) to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained; or (b) to an authority recognised by the government of the State in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies. (5) In case of urgency, a letter of request may be sent direct to such a court or tribunal as is mentioned in paragraph (4)(a). (6) Evidence obtained by virtue of a letter of request shall not without the consent of such an authority as is mentioned in paragraph (4)(b) be used for any purpose other than that specified in the letter; and, when any document or other article obtained pursuant to a letter of request is no longer required for the purpose specified in the letter, or for any other purpose for which such consent has been obtained, it shall be returned to such an authority unless that authority indicates that the document or article need not be returned. (7) In exercising any discretion conferred by law to exclude evidence in relation to a statement to which this sub–section applies, the court shall have regard– (a) to whether it was possible to challenge the statement by questioning the person who made it; and (b) if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being taken. (8) Sub–section (7) applies to a statement contained in evidence taken pursuant to a letter of request. 18