(1) Where it appears to a judge at a sitting of any court that -
(a) criminal proceedings have been instituted or a criminal investigation is taking place, and
(b) evidence for the purposes of the proceedings or investigation may be obtained at a place in a designated state,
the judge may, in accordance with the relevant international instrument, issue a letter (a "letter of request") requesting assistance in obtaining the evidence.
(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 -
(a) the Central Authority for transmission to the appropriate authority, or
(b) in urgent cases, directly to that authority.
(4) Notwithstanding subsections (1) to (3), where proceedings for an offence have been instituted or an offence is being investigated, the Director of Public Prosecutions may issue and transmit a letter of request directly to the a
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