PART 5
PROVISION OF EVIDENCE
Chapter 2
Evidence through television link
Taking of the evidence.

70. — (1) The nominated judge of the District Court shall summon the witness concerned to give evidence through a live television link at a suitable venue within the district to which the judge is assigned.

(2) For the purpose of ensuring compliance with the request the nominated judge has the powers of the District Court in criminal proceedings, including its powers—

(a) in relation to securing the attendance of the witness, taking evidence on oath and compelling the witness to give evidence or to produce documents or other things, and

(b) under any enactment or rule of law relating to the protection of witnesses against intimidation.

(3) The evidence shall be given in accordance with the laws and procedures of the requesting state to the extent that they do not contravene the fundamental principles of the law of the State.

(4) In particular, the witness may not be compelled to give any evidence which he or she could not be compelled to give in criminal proceedings in the State or the designated state.



(5) Where necessary for the protection of the witness and in agreement with the requesting authority, the evidence may be taken otherwise than in public.

(6) Subject to subsection (7), the proceedings shall be conducted directly by, or under the direction of, a judge of the designated state in accordance with its own laws.

(7) Where the nominated judge is of opinion that the taking of evidence is not in accordance with the fundamental principles of the law of the State, he or she shall take immediate action to ensure that those principles are complied with.

(8) The nominated judge and the witness shall be assisted by an interpreter, where necessary.

(9) When the evidence has been taken, the nominated judge shall send a record of the evidence given by the witness to the Minister for transmission to the requesting authority, indicating—
(a) the date and place of the taking of the evidence,
(b) the name of the witness,
(c) the name and function of any other person present and participating in the proceedings,
(d) whether an oath was administered to the witness, and
(e) the technical conditions under which the proceedings took place.
(10) A witness who—
(a) makes a statement material in the proceedings which he or she knows to be false or does not believe to be true, or
(b) does not testify when under an obligation to do so, is guilty of an offence and liable—
(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.

Part 2
Domestic Jurisdiction in ICC Offences

Section 11.—

(1) It shall be an offence for a person to do intentionally any of the acts mentioned in paragraph 1 of Article 70 (offences against the administration of justice) in relation to proceedings—

(a) before the International Criminal Court, or
(b) before a court for an ICC offence,

and for the purposes of the proceedings mentioned in paragraph (b) references to the International Criminal Court in paragraph 1 and the first sentence of paragraph 2 of that Article shall be construed as references to a court.

(2) (a) A person convicted of an offence under subsection (1) (b) is liable—

(i) on summary conviction, to a fine not exceeding \3,000 or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(b) Subject to paragraph (a) (i), the amount of any fine to be imposed shall be determined having regard to the Rules of Procedure and Evidence.

(3) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an offence under this section except by or with the consent of the Director of Public Prosecutions.