Evidence Act 2006

61 Discretion as to incrimination under foreign law

(1)

This section applies to any specific information—

(a)

that a person is (apart from this section) required to provide—

(i)

in the course of a proceeding; or

(ii)

by a person exercising a statutory power or duty; or

(iii)

by a Police officer or other person holding a public office in the course of an investigation into a criminal offence or possible criminal offence; and

(b)

that would, if so provided, be likely to incriminate the person under foreign law for an offence punishable by—

(i)

capital punishment; or

(ii)

corporal punishment or imprisonment, or both.

(2)

A Judge may direct that the person cannot be required to provide the information if the Judge, after having regard to the likelihood of extradition and other relevant matters, thinks that it would be unreasonable to require the person to incriminate himself or herself by providing the information.

(3)

Subsection (2) does not enable a Judge to give a direction in respect of—

(a)

a body corporate; or

(b)

any person other than the person required to provide the information (except by a legal adviser on behalf of a client who is so required); or

(c)

a defendant in a criminal proceeding when giving evidence about the matter for which the defendant is being tried.