Section 179Part 6 — Forfeiture of Cash and Property
Evidence overseas
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This section applies where there is an investigation touching a matter arising under this Act .
A judge on the application of the Director of Public Prosecutions or a person subject to the investigation may issue a letter of request if that judge thinks that there is evidence in a country or territory outside the Islands of the commission of a criminal offence, criminal conduct or unlawful conduct and that such person has benefited from that person’s criminal conduct or there is evidence of the extent or whereabouts of that person ’ s benefi t from that person’s criminal offence, criminal conduct or unlawful conduct.
A letter of request is a letter requesting assistance in obtaining outside the Islands such evidence as is specified in the letter for use in the investigation.
If the Gov ernor believes it is appropriate to do so that Governor may forward a letter received under subsection (2 ) —
to a court or tribunal which is specified in the letter and which exercises jurisdiction in the place where the evidence is to be obtained, or
to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving letters of request, but in a case of urgency the person issuing the letter of request may send it directly to the court or tri bunal mentioned in paragraph (a).
Evidence obtained in pursuance of a letter of request shall not be used by any person other than the Director of Public Prosecutions or a person subject to the investigation or for any purpose other than that for which it is obtained.
Subsection (5) does not apply if the authority mentioned in subsection (4)(b) consents to the use.
For the purposes of this section, evidence includes documents and other articles.
The Rules Committee may make rules of court providing for the practice and procedure to be followed in connection with proceedings relating to the issue of letters of request by a judge under this section. Code of practice