Section 20: Taking of evidence

20. Taking of evidence (1) The Attorney-General may, by notice in writing require a Magistrate to take evidence for the purposes of a criminal matter pending in a Court or tribunal of a foreign State other than a matter relating to an offence that is, by its nature or by reason of the circumstances in which it is alleged to have been committed, an offence of a political character. (2) Upon receipt of the notice, the Magistrate shall— (a) take the evidence of each witness appearing before him to give evidence in the like manner as if the witness were giving evidence in respect of a charge against a person for an offence against the law of Mauritius; (b) cause the evidence to be reduced to writing and certify at the end of that writing that the evidence was taken by him; and (c) cause the writing so certified to be sent to the Attorney-General. E19 – 11 [Issue 1] Extradition Act (3) For the purposes of this section— (a) the evidence of a witness may be taken in the presence or absence of the person charged with the offence against the law of, or of a part of, the foreign State and the certificate by the Magistrate that the evidence was taken by him shall state whether the person so charged was present or absent when the evidence was taken; (b) any enactment with respect to the compelling of persons to appear before a Magistrate and to give evidence or to produce documents, upon the hearing of a charge against the person for an offence against the law of Mauritius, shall apply, so far as it is capable of application, with respect to the compelling of persons to attend before a Magistrate or to produce documents.