International Criminal Court Act 2006
Evidence in proceedings. |
63.— (1) In any proceedings— | |
(a) a document purporting— | ||
(i) to be a request by the International Criminal Court for the arrest and surrender, or provisional arrest, of a person, or for any other form of assistance, or | ||
(ii) to be a document (other than a document mentioned in paragraph (b)) supplied by the Court in relation to the request, | ||
and to be signed by an officer of the Court is admissible, without further proof, as evidence of the request or document and of the matters mentioned in it, | ||
(b) a document purporting— | ||
(i) to be a copy of a warrant of arrest and surrender issued by the International Criminal Court or of a judgment or an order of the Court, and | ||
(ii) to have been certified to be a true copy by an officer of the Court, | ||
is admissible in evidence, without further proof, as a true copy of the warrant, | ||
(c) a document purporting— | ||
(i) to be a translation of a document mentioned in paragraph (a) or (b), and | ||
(ii) to be certified as correct by a person appearing to be competent to do so, | ||
is admissible, without further proof, as evidence of the translation, | ||
(d) a document purporting to be a copy of the Rules of Procedure and Evidence or of the Elements of Crimes is admissible, without further proof, as evidence of those Rules or Elements, | ||
(e) a document purporting to be a document received from the Court by fax is presumed, until the contrary is shown, to be the original document sent by the Court, | ||
(f) a document purporting to be a certificate by the Minister that a state is or is not a state party to the Statute is admissible, without further proof, as evidence of that matter, and | ||
(g) a document purporting to be a certificate by the Minister under section 38 (8)(b)(ii) is admissible, without further proof, as evidence of the matters mentioned in it. | ||
(2) In any proceedings against a person for an offence under this Act a certificate purporting to be signed by an officer of the Department of Foreign Affairs and stating that— | ||
(a) a passport was issued by the Department to the person on a specified date, and | ||
(b) to the best of the officer's knowledge and belief, the person has not ceased to be an Irish national, | ||
is admissible, without further proof, as evidence that the person was an Irish national on the date he or she is alleged to have committed the offence. | ||
(3) In any proceedings it shall be presumed, until the contrary is shown, that requests by the Court for the arrest and surrender, or the provisional arrest, of a person or for any assistance under Article 93— | ||
(a) have been duly made and transmitted in accordance with the relevant provisions of the Statute, and | ||
(b) are being made in connection with the investigation or prosecution of offences within the jurisdiction of the Court. |