Page:Mutual Assistance in Criminal Matters Act 2000.pdf/24

24 (3) If, on such an application, the court is satisfied that the conditions referred to in subsection (4) are fulfilled, it may make an order that the person who appears to the court to be in possession of the thing to which the application relates shall—
 * (a) produce the thing to an authorised officer for him to take away; or
 * (b) give an authorised officer access to the thing,

within 7 days of the date of the order or such other period as the court considers appropriate.

(4) The conditions referred to in subsection (3) are—
 * (a) that there are reasonable grounds for suspecting that a specified person has carried on or benefited from a foreign offence;
 * (b) that there are reasonable grounds for believing that the thing to which the application relates—
 * (i) is likely to be of substantial value (whether by itself or together with another thing) to the criminal matter in respect of which the application was made; and
 * (ii) does not consist of or include items subject to legal privilege; and
 * (c) that the court is satisfied that it is not contrary to the public interest for the thing to be produced or that access to it be given.

(5) The proceedings referred to in subsection (3) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).

(6) No person who is required by an order under this section to produce or make available any thing for the purposes of any criminal proceedings in a foreign country shall be required to produce any thing that the person could not be compelled to produce in the proceedings in that country.

(7) A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.

(8) Proceedings under subsection (3) shall be heard in camera.