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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2008 - onwards
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64. Privilege of witnesses.

(1) A person is not compelled to give any evidence in proceedings under section 63 which he or she could not be compelled to give -

(a) in criminal proceedings in the State, or

(b) subject to subsection (2), in criminal proceedings in the state concerned.

(2) Subsection (1)(b) does not apply unless the claim of the person to be exempt from giving the evidence is conceded by the requesting authority.

(3) Where the claim is not conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but the evidence shall not be transmitted to the requesting authority if a court in the state concerned, on the matter being referred to it, upholds the claim.

(4) Without prejudice to subsection (1), a person may not be compelled under this section to give any evidence -

(a) in his or her capacity as an officer or servant of the State, or

(b) if to do so would be prejudicial to the security of the State.

(5) In any proceedings re

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