Page:Mutual Assistance in Criminal Matters Act 2000.pdf/32

32 Proof of orders, etc., of prescribed foreign country

31.—(1) For the purposes of sections 29 and 30 and the First Schedule—
 * (a) any order made or judgment given by a court of a prescribed foreign country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
 * (b) a document, duly authenticated, that purports to be a copy of any order made or judgment given by a court of a prescribed foreign country shall be deemed without further proof to be a true copy.

(2) A document is duly authenticated for the purpose of subsection (1) (b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of that country.

Evidence in relation to proceedings and orders in prescribed foreign country

32.—(1) For the purposes of sections 29 and 30 and the First Schedule, a certificate purporting to be issued by or on behalf of the appropriate authority of a prescribed foreign country stating that—
 * (a) judicial proceedings have been instituted and have not been concluded, or that judicial proceedings are to be instituted, in that country;
 * (b) a foreign confiscation order is in force and is not subject to appeal;
 * (c) all or a certain amount of the sum payable under a foreign confiscation order remains unpaid in that country, or that other property recoverable under a foreign confiscation order remains unrecovered in that country;
 * (d) a person has been notified of any judicial proceedings in accordance with the law of that country; or
 * (e) an order (however described) made by a court of that country has the purpose of—