Updated 19/09/2024
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Article 7 - Procedure for requests for taking a statement from a person

Article 7

Procedure for requests for taking a statement from a person

1.   Where the requesting authority includes within its request the taking of a statement of any person in the context of an investigation or an inspection, the requested authority and the requesting authority shall, subject to existing legal limitations or constraints and any differences in procedural requirements, assess and take into account the following:

(a)

the rights of the persons from whom the statements will be taken including, where applicable, any self-incrimination issues;

(b)

the nature of the participation of the requesting authority's staff (observer or active participant);

(c)

the role of the staff of the requested authority and the requesting authority in the taking of the statement;

(d)

whether the person from whom the statement is to be taken has the right to be assisted by a legal representative and, if so, the scope of the representative's assistance during the taking of the statement including in relation to any records or report of the statement;

(e)

whether the statement is to be taken on a voluntary or compelled basis, where that distinction exists;

(f)

whether, based on the information available at the time of the request, the person from whom the statement is to be taken is a witness or a suspect where that distinction exists;

(g)

whether, based on the information available at the time of the request, the statement could be or is intended to be used in criminal proceedings;

(h)

the admissibility of the statement in the requesting authority's jurisdiction;

(i)

the recording of the statement and the applicable procedures, including whether it will be contemporaneous or summarised written minutes or an audio or audiovisual recording;

(j)

procedures on the certification or confirmation of the statement by the persons providing the statement, including whether that takes place after the statement is taken; and

(k)

the procedure for transmitting the statement by the requested authority to the requesting authority, including the format and timing.

2.   The requested authority and the requesting authority shall ensure that arrangements are in place for their staff to proceed efficiently, including arrangements to enable their staff to agree on any additional information that may be necessary, including the following:

(a)

planning of dates;

(b)

the list of questions to be asked to the person from whom the statement is to be taken;

(c)

travelling arrangements, including ensuring that the requested authority and the requesting authority are able to meet to discuss the matter prior to the taking of the statement; and

(d)

language arrangements.