Evidence (Proceedings in other Jurisdictions) Act 1975
Encyclopedia
The Evidence Act 1975 (c.34) is an Act
of the Parliament of the United Kingdom
, the long title
of which is "An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of those courts to issue process effective throughout the United Kingdom for securing the attendance of witnesses; and for purposes connected with those matters."
The Act was passed in order to implement the Hague Evidence Convention
of 18 March 1970 into British law. The Hague convention applies only to civil proceedings
, but the Act also contains provisions for the courts to deal with letters rogatory in criminal matters, as well as international proceeding such as proceedings in the International Court of Justice
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, the long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of which is "An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of those courts to issue process effective throughout the United Kingdom for securing the attendance of witnesses; and for purposes connected with those matters."
The Act was passed in order to implement the Hague Evidence Convention
Hague Evidence Convention
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters -- more commonly referred to as the Hague Evidence Convention, is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law. The treaty was negotiated in 1967 and...
of 18 March 1970 into British law. The Hague convention applies only to civil proceedings
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, but the Act also contains provisions for the courts to deal with letters rogatory in criminal matters, as well as international proceeding such as proceedings in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.