(1) Where it appears to a judge at a sitting of any court that criminal proceedings have been instituted or a criminal investigation is taking place in the State, the judge may issue a letter (a "letter of request") requesting assistance in obtaining from a person in a designated state such evidence as is specified in the letter for use in the proceedings or investigation.
(2) Application for a letter of request may be made by the Director of Public Prosecutions or a person charged in any such proceedings that have been instituted.
(3) The letter of request shall be sent to the Central Authority for transmission to the appropriate authority.
(4) Notwithstanding subsections (1) to (3), where proceedings in respect of an offence have been instituted or a criminal investigation is taking place, the Director of Public Prosecutions may issue and transmit a letter of request directly to the appropriate authority.
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