''Part II - ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER ARTICLES, 10. Requests by Fiji''
(1) The Attorney-General may, in writing, request the appropriate authority of a foreign country to arrange for -
(a) evidence to be taken in the foreign country under the law of that country; or
(b) a document or other article in the foreign country to be produced under the law of that country;
for the purposes of a proceedings or investigation in relation to a criminal matter in Fiji.
(2) When making a request under subsection (1), the Attorney-General may also request that an opportunity be given to the person giving the evidence, or producing the document or other article, to be examined or cross examined, through a video link, from Fiji by -
(a) any party to the proceedings or that person's legal representative; or
(b) any person being investigated or that person's legal representative.

''Part II - ASSISTANCE IN RELATION TO TAKING OF EVIDENCE AND PRODUCTION OF DOCUMENTS OR OTHER ARTICLES, 11. Requests by foreign countries''

(1) Where a request is made by a foreign country (requesting country) that -
(a) evidence be taken in Fiji, or
(b) documents or other articles in Fiji be produced, for the purposes of a proceedings or investigations in the requesting country or another foreign country,
the Attorney-General may, in writing, authorise the taking of the evidence or the production of the documents or other articles, and the transmission of the evidence, documents or other articles to the requesting country.




(2) Where the Attorney-General authorises the taking of evidence or the production of documents or other articles under subsection (1) -
(a) in the case of the taking of evidence, a Magistrate may take the evidence on oath of each witness appearing before the Magistrate to give evidence in relation to the matter, and a Magistrate who takes any such evidence shall -
(i) cause the evidence to be put in writing and certify that the evidence was taken by the Magistrate, and
(ii) cause the writing so certified to be sent to the Attorney-General; or
(b) in the case of the production of documents or other articles, a Magistrate may, subject to subsection (6), require the production of the documents or other articles and, where the documents or other articles are produced, the Magistrate shall send the documents, or copies of the documents certified by the Magistrate or the other articles, to the Attorney-General.




(3) The evidence of such a witness may be taken in the presence or absence of the person to whom the proceeding in the requesting country relates or of his or her legal representative.
(4) A Magistrate conducting a proceedings under subsection (2) may permit -
(a) the person to whom the proceedings in the requesting country relates;
(b) any other person giving evidence or producing documents or other articles at the proceedings before the Magistrate; and
(c) the relevant authority of the requesting country, to have legal representation at the proceedings before the Magistrate.
(5) If the requesting country has so requested, the Magistrate conducting a proceedings under subsection (2) may permit -
(a) any person to whom the proceedings in the requesting country relates or that person's legal representative; or
(b) the legal representative of the relevant authority of the requesting country, to examine or cross-examine, through a video link, from the requesting country any person giving evidence or producing a document or other article, at the proceeding.
(6) The certificate by the Magistrate under subsection (2) shall state whether, when the evidence was taken or the documents or other articles produced, any of the following persons were present -
(a) the person to whom the proceeding in the requesting country relates or his or her legal representative;
(b) any other person giving evidence or producing documents or other articles or his or her legal representative.
(7) Subject to subsections (8) and (9), laws with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents or other articles, upon the hearing of a charge against a person for an offence against the law of Fiji apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and give evidence, answer questions and produce documents or other articles, for the purposes of this section.
(8) For the purposes of this section, the person to whom the proceedings in the requesting country relates is competent but cannot be compelled, to give evidence.
(9) For the purposes of this section, a person who is required to give evidence, or produce documents or other articles, for the purposes of a proceedings in relation to a criminal matter in the requesting or another foreign country, is not compellable to answer a question or produce a document or article, that the person is not compellable to answer or produce, as the case may be in the proceeding in that country.
(10) A duly authenticated foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 1 - Requests by Fiji, 14. Requests for removal of certain person to Fiji''
(1) Where-
(a) a proceedings relating to a criminal matter has commenced in Fiji, and
(b) the Attorney-General is of the opinion that a person who is in a foreign country-
(i) is a foreign prisoner,
(ii) is capable of giving evidence relevant to the proceedings, and
(iii) has given his or her consent to being removed to Fiji for the purpose of giving evidence in the proceedings, the Attorney-General may, in writing, request the foreign country to authorise the attendance of the person at a hearing in connection with the proceedings.
(2) Where-
(a) an investigation relating to a criminal matter has commenced in Fiji, and
(b) the Attorney-General is of the opinion that a person who is in a foreign country -
(i) is a foreign prisoner,
(ii) is capable of giving assistance in relation to the investigation, and
(iii) has given his or her consent to being removed to Fiji for the purpose of giving assistance in relation to the investigation, the Attorney-General may, in writing, request the foreign country to authorise the removal of the person to Fiji for the purpose of giving assistance in relation to the investigation.
(3) Where the Attorney-General makes a request under subsection (1) or (2), the Attorney-General may make arrangements with an appropriate authority of the foreign country for the purposes of-
(a) the removal of the person to Fiji;
(b) the custody of the person while in Fiji;
(c) the return of the person to the foreign country; and
(d) other relevant matters.

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 2 - Requests by foreign countries, 23. Requests for giving of evidence at hearings in foreign countries''


(1) Where-
(a) a proceedings relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceeding of a prisoner who is in Fiji (whether or not in custody);
(c) there are reasonable grounds to believe that the prisoner is capable of giving evidence relevant to the proceeding; and
(d) the Attorney-General is satisfied that-
(i) the prisoner has consented to giving evidence in the foreign country, and
(ii) the foreign country has given adequate (whether or not unqualified undertakings in respect of the matters referred to in subsection (3),
the Attorney-General may-
(A) where the prisoner is being held in custody, direct, in writing, that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceedings and, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner, make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose; or
(B) in a case where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody, approve the travel of the prisoner to the foreign country to give evidence at the proceeding and obtain approvals, authorisation, permissions or variations to the parole or other order or licence to be at large as may be required and, subject to the obtaining of any necessary approvals, authorisation, permissions or variations of the parole or other order or licence to be at large, make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose.
(2) Where-
(a) a criminal proceedings has commenced in a foreign country;
(b) the foreign country requests the attendance at a hearing in connection with the proceedings of a person (not being a prisoner) who is in Fiji; and
(c) there are reasonable grounds to believe that the person is capable of giving evidence relevant to the proceedings; and
(d) the Attorney-General is satisfied that-
(i) the person has consented to giving evidence in the foreign country, and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3),
the Attorney-General may make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person give evidence in the foreign country are-
(a) that the person shall not-
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person's departure from Fiji;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person's departure from Fiji, being a civil suit to which the person could not be subjected to if the person were not in the foreign country; or
(iii) be required to give evidence in any proceedings in the foreign country other than the proceedings to which the request relates, unless-
(A) the person has left the foreign country; or
(B) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving evidence in the proceedings to which the request relates;
(b) that any evidence given by the person in the proceedings to which the request relates is inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence;
(c) that the person shall be returned to Fiji in accordance with arrangements agreed by the Attorney-General;
(d) where the person is being held in custody in Fiji and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country-
(i) the making of appropriate arrangements for that purpose;
(ii) that the person shall not be released from custody in the foreign country unless the Attorney-General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Fiji law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii), that the person's accommodation and expenses pending the completion of the proceeding to which the request relates shall be paid for by the foreign country; and
(e) other matters as the Attorney-General thinks appropriate.