Article 8
Procedure for requests concerning the taking of a statement from a person
1. Where the requesting authority includes within its request the taking of a statement from any person, 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:
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(a) |
the rights of the persons from whom the statements are to be taken including, where applicable, any self-incrimination issues; |
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(b) |
the role and the nature of participation of the staff of the requested authority and requesting authority in the taking of the statement, in particular whether the participation is active or passive; |
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(c) |
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 legal representative’s assistance during the taking of the statement, including in relation to any records or report of the statement; |
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(d) |
whether the statement is to be taken on a voluntary or mandatory basis, where that distinction exists; |
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(e) |
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; |
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(f) |
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; |
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(g) |
the admissibility of the statement in the requesting authority’s jurisdiction; |
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(h) |
the recording of the statement and the applicable procedures, including whether the statement will be contemporaneous, summarised in written minutes or recorded by audio or audiovisual means; |
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(i) |
procedures on the certification or confirmation of the statement by the persons providing the statement, including whether such certification or confirmation takes place after the statement is taken; and |
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(j) |
the procedure for the transmission of the statement to the requesting authority, including the format of and timing for such transmission. |
2. The requested authority and the requesting authority shall ensure that arrangements are in place which allow their staff to proceed efficiently and to agree on the following:
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(a) |
planning of dates; |
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(b) |
the list of questions to be asked to the person from whom the statement is to be taken; |
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(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; |
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(d) |
language arrangements; |
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(e) |
any other practical issue that might arise in connection to taking of a statement. |