(1) Where on an application made in accordance with subsection (2) of this section it appears to a judge of any court -
(a) that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and
(b) that proceedings in respect of the offence have been instituted or that the offence is being investigated,
he may issue a letter ("a letter of request") requesting assistance in obtaining outside the State such evidence as is specified in the letter for use in the proceedings or investigation.
(2) An application under subsection (1) of this section may be made by the Director of Public Prosecutions or, if proceedings have been instituted, by a person charged in those proceedings.
(3) Subject to subsection (4) of this section, a letter of request shall be sent to the Minister for transmission either -
(a) to a court or tribunal specified in the letter and exercising jurisdiction in the place where the evidence is to be obtained, or