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General | |
26 Powers under warrants | |
(1) A court in England and Wales or Northern Ireland, or a justice of the peace, | |
may not issue a warrant under section 17 or 22 in respect of any evidence | |
unless the court or justice has reasonable grounds for believing that it does not | 5 |
consist of or include items subject to legal privilege, excluded material or | |
special procedure material. | |
(2) Subsection (1) does not prevent a warrant being issued by virtue of section | |
22(5) in respect of excluded material or special procedure material. | |
(3) In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of | 10 |
seizure), in Part 1 (powers to which the additional powers in section 50 | |
apply)— | |
(a) paragraph 49 is omitted, | |
(b) after paragraph 73A there is inserted— | |
“Crime (International Co-operation) Act 2003 | 15 |
73B The power of seizure conferred by sections 17 and 22 of the | |
Crime (International Co-operation) Act 2003 (seizure of | |
evidence relevant to overseas investigation or offence).” | |
(4) References in this Chapter to evidence seized by a person by virtue of or under | |
any provision of this Chapter include evidence seized by a person by virtue of | 20 |
section 50 of the Criminal Justice and Police Act 2001 (additional powers of | |
seizure), if it is seized in the course of a search authorised by a warrant issued | |
by virtue of or under the provision in question. | |
(5) Subsection (4) does not require any evidence to be sent to the territorial | |
authority or to any court or authority— | 25 |
(a) before it has been found, on the completion of any examination | |
required to be made by arrangements under section 53(2) of the | |
Criminal Justice and Police Act 2001, to be property within subsection | |
(3) of that section (property which may be retained after examination), | |
or | 30 |
(b) at a time when it constitutes property in respect of which a person is | |
required to ensure that arrangements such as are mentioned in section | |
61(1) of that Act (duty to secure) are in force. | |
27 Exercise of powers by others | |
(1) The Treasury may by order provide, in relation to England and Wales or | 35 |
Northern Ireland— | |
(a) for any function conferred on the Secretary of State (whether or not in | |
terms) under sections 10, 11 and 13 to 26 to be exercisable instead in | |
prescribed circumstances by the Commissioners of Customs and | |
Excise, | 40 |
(b) for any function conferred on a constable under those sections to be | |
exercisable instead in prescribed circumstances by a customs officer or | |
a person acting under the direction of such an officer. | |
“Prescribed” means prescribed by the order. | |
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(2) The Secretary of State may by order provide, in relation to England and Wales | |
or Northern Ireland— | |
(a) for any function conferred on him under sections 13 to 26 to be | |
exercisable instead in prescribed circumstances by a prescribed person, | |
(b) for any function conferred on a constable under those sections to be | 5 |
exercisable instead in prescribed circumstances by a prescribed person. | |
“Prescribed” means prescribed by the order. | |
(3) Subsection (2)(b) does not apply to any powers exercisable by virtue of section | |
16(2)(b) or (4)(b). | |
28 Interpretation of Chapter 2 | 10 |
(1) In this Chapter— | |
“domestic freezing order” has the meaning given by section 10(2), | |
“notice” means a notice in writing, | |
“overseas freezing order” has the meaning given by section 20, | |
“premises” has the same meaning as in the Police and Criminal Evidence | 15 |
Act 1984 (c. 60), Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 | |
(c. 29) or the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/ 1341 (N.I.12)) (as the case may be), | |
“the relevant Framework Decision” means any Framework Decision of | |
the Council of the European Union which is identified by the Secretary | 20 |
of State by order and is about the execution of orders freezing property | |
or evidence. | |
(2) The following provisions have effect for the purposes of this Chapter. | |
(3) In relation to England and Wales and Northern Ireland, “items subject to legal | |
privilege”, “excluded material” and “special procedure material” have the | 25 |
same meaning as in the Police and Criminal Evidence Act 1984 or (as the case | |
may be) the Police and Criminal Evidence (Northern Ireland) Order 1989. | |
(4) In relation to Scotland, “items subject to legal privilege” has the same meaning | |
as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (c. 29). | |
(5) A listed offence means— | 30 |
(a) an offence described in a provision, identified by an order made by the | |
Secretary of State, of the relevant Framework Decision, or | |
(b) an offence prescribed or of a description prescribed by such an order. | |
(6) An order prescribing an offence or a description of offences under subsection | |
(5)(b) may require, in the case of an overseas freezing order, that the conduct | 35 |
which constitutes the offence or offences would, if it occurred in a part of the | |
United Kingdom, constitute an offence in that part. | |
(7) Specified information, in relation to a certificate required by section 11(4) or | |
20(5), means— | |
(a) any information required to be given by a document annexed to the | 40 |
relevant Framework Decision and identified by an order made by the | |
Secretary of State, or | |
(b) any information prescribed by an order made by the Secretary of State. | |
(8) In relation to Scotland, references above in this section to the Secretary of State | |
are to be read as references to the Scottish Ministers. | 45 |
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(9) The territorial authority— | |
(a) in relation to evidence in England and Wales or Northern Ireland, is the | |
Secretary of State, | |
(b) in relation to evidence in Scotland, is the Lord Advocate. | |
Chapter 3 | 5 |
Hearing evidence through television links or by telephone | |
29 Hearing witnesses abroad through television links | |
(1) The Secretary of State may by order provide for section 32(1A) of the Criminal | |
Justice Act 1988 (c. 33) or Article 81(1A) of the Police and Criminal Evidence | |
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (proceedings in which | 10 |
evidence may be given through television link) to apply to any further | |
description of criminal proceedings, or to all criminal proceedings. | |
(2) The Scottish Ministers may by order provide for section 273(1) of the Criminal | |
Procedure (Scotland) Act 1995 (c. 46) (proceedings in which evidence may be | |
given through television link) to apply to any further description of criminal | 15 |
proceedings, or to all criminal proceedings. | |
30 Hearing witnesses in the UK through television links | |
(1) This section applies where the Secretary of State receives a request, from an | |
authority mentioned in subsection (2) (“the external authority”), for a person in | |
the United Kingdom to give evidence through a live television link in criminal | 20 |
proceedings before a court in a country outside the United Kingdom. | |
Criminal proceedings include any proceedings on an appeal before a court | |
against a decision in administrative proceedings. | |
(2) The authority referred to in subsection (1) is the authority in that country which | |
appears to the Secretary of State to have the function of making requests of the | 25 |
kind to which this section applies. | |
(3) Unless he considers it inappropriate to do so, the Secretary of State must by | |
notice in writing nominate a court in the United Kingdom where the witness | |
may be heard in the proceedings in question through a live television link. | |
(4) Anything done by the witness in the presence of the nominated court which, if | 30 |
it were done in proceedings before the court, would constitute contempt of | |
court is to be treated for that purpose as done in proceedings before the court. | |
(5) Any statement made on oath by a witness giving evidence in pursuance of this | |
section is to be treated for the purposes of— | |
(a) section 1 of the Perjury Act 1911 (c. 6), | 35 |
(b) Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/ 1714 | |
(N.I. 19)), | |
(c) sections 44 to 46 of the Criminal Law (Consolidation) (Scotland) Act | |
1995 (c. 39) or, in relation to Scotland, any matter pertaining to the | |
common law crime of perjury, | 40 |
as made in proceedings before the nominated court. | |
(6) Part 1 of Schedule 2 (evidence given by television link) is to have effect. | |
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(7) Subject to subsections (4) and (5) and the provisions of that Schedule, evidence | |
given pursuant to this section is not to be treated for any purpose as evidence | |
given in proceedings in the United Kingdom. | |
(8) In relation to Scotland, references in this section and Part 1 of Schedule 2 to the | |
Secretary of State are to be read as references to the Lord Advocate. | 5 |
31 Hearing witnesses in the UK by telephone | |
(1) This section applies where the Secretary of State receives a request, from an | |
authority mentioned in subsection (2) (“the external authority”) in a | |
participating country, for a person in the United Kingdom to give evidence by | |
telephone in criminal proceedings before a court in that country. | 10 |
Criminal proceedings include any proceedings on an appeal before a court | |
against a decision in administrative proceedings. | |
(2) The authority referred to in subsection (1) is the authority in that country which | |
appears to the Secretary of State to have the function of making requests of the | |
kind to which this section applies. | 15 |
(3) A request under subsection (1) must— | |
(a) specify the court in the participating country, | |
(b) give the name and address of the witness, | |
(c) state that the witness is willing to give evidence by telephone in the | |
proceedings before that court. | 20 |
(4) Unless he considers it inappropriate to do so, the Secretary of State must by | |
notice in writing nominate a court in the United Kingdom where the witness | |
may be heard in the proceedings in question by telephone. | |
(5) Anything done by the witness in the presence of the nominated court which, if | |
it were done in proceedings before the court, would constitute contempt of | 25 |
court is to be treated for that purpose as done in proceedings before the court. | |
(6) Any statement made on oath by a witness giving evidence in pursuance of this | |
section is to be treated for the purposes of— | |
(a) section 1 of the Perjury Act 1911 (c. 6), | |
(b) Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/ 1714 | 30 |
(N.I. 19)), | |
(c) sections 44 to 46 of the Criminal Law (Consolidation) (Scotland) Act | |
1995 (c. 39) or, in relation to Scotland, any matter pertaining to the | |
common law crime of perjury, | |
as made in proceedings before the nominated court. | 35 |
(7) Part 2 of Schedule 2 (evidence given by telephone link) is to have effect. | |
(8) Subject to subsections (5) and (6) and the provisions of that Schedule, evidence | |
given in pursuance of this section is not to be treated for any purpose as | |
evidence given in proceedings in the United Kingdom. | |
(9) In relation to Scotland, references in this section to the Secretary of State are to | 40 |
be read as references to the Lord Advocate. | |
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Chapter 4 | |
Information about banking transactions | |
Requests for information about banking transactions in England and Wales and Northern | |
Ireland for use abroad | |
32 Customer information | 5 |
(1) This section applies where the Secretary of State receives a request from an | |
authority mentioned in subsection (2) for customer information to be obtained | |
in relation to a person who appears to him to be subject to an investigation in | |
a participating country into serious criminal conduct. | |
(2) The authority referred to in subsection (1) is the authority in that country which | 10 |
appears to the Secretary of State to have the function of making requests of the | |
kind to which this section applies. | |
(3) The Secretary of State may— | |
(a) direct a senior police officer to apply, or arrange for a constable to | |
apply, for a customer information order, | 15 |
(b) direct a senior customs officer to apply, or arrange for a customs officer | |
to apply, for such an order. | |
(4) A customer information order is an order made by a judge that a financial | |
institution specified in the application for the order must, on being required to | |
do so by notice in writing given by the applicant for the order, provide any | 20 |
such customer information as it has relating to the person specified in the | |
application. | |
(5) A financial institution which is required to provide information under a | |
customer information order must provide the information to the applicant for | |
the order in such manner, and at or by such time, as the applicant requires. | 25 |
(6) Section 364 of the Proceeds of Crime Act 2002 (c. 29) (meaning of customer | |
information), except subsections (2)(f) and (3)(i), has effect for the purposes of | |
this section as if this section were included in Chapter 2 of Part 8 of that Act. | |
(7) A customer information order has effect in spite of any restriction on the | |
disclosure of information (however imposed). | 30 |
(8) Customer information obtained in pursuance of a customer information order | |
is to be given to the Secretary of State and sent by him to the authority which | |
made the request. | |
33 Making, varying or discharging customer information orders | |
(1) A judge may make a customer information order, on an application made to | 35 |
him pursuant to a direction under section 32(3), if he is satisfied that— | |
(a) the person specified in the application is subject to an investigation in | |
the country in question, | |
(b) the investigation concerns conduct which is serious criminal conduct, | |
(c) the conduct constitutes an offence in England and Wales or (as the case | 40 |
may be) Northern Ireland, or would do were it to occur there, and | |
(d) the order is sought for the purposes of the investigation. | |
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(2) The application may be made ex parte to a judge in chambers. | |
(3) The application may specify— | |
(a) all financial institutions, | |
(b) a particular description, or particular descriptions, of financial | |
institutions, or | 5 |
(c) a particular financial institution or particular financial institutions. | |
(4) The court may discharge or vary a customer information order on an | |
application made by— | |
(a) the person who applied for the order, | |
(b) a senior police officer, | 10 |
(c) a constable authorised by a senior police officer to make the | |
application, | |
(d) a senior customs officer, | |
(e) a customs officer authorised by a senior customs officer to make the | |
application. | 15 |
34 Offences | |
(1) A financial institution is guilty of an offence if without reasonable excuse it fails | |
to comply with a requirement imposed on it under a customer information | |
order. | |
(2) A financial institution guilty of an offence under subsection (1) is liable on | 20 |
summary conviction to a fine not exceeding level 5 on the standard scale. | |
(3) A financial institution is guilty of an offence if, in purported compliance with | |
a customer information order, it— | |
(a) makes a statement which it knows to be false or misleading in a | |
material particular, or | 25 |
(b) recklessly makes a statement which is false or misleading in a material | |
particular. | |
(4) A financial institution guilty of an offence under subsection (3) is liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum, or | 30 |
(b) on conviction on indictment, to a fine. | |
35 Account information | |
(1) This section applies where the Secretary of State receives a request from an | |
authority mentioned in subsection (2) for account information to be obtained | |
in relation to an investigation in a participating country into criminal conduct. | 35 |
(2) The authority referred to in subsection (1) is the authority in that country which | |
appears to the Secretary of State to have the function of making requests of the | |
kind to which this section applies. | |
(3) The Secretary of State may— | |
(a) direct a senior police officer to apply, or arrange for a constable to | 40 |
apply, for an account monitoring order, | |
(b) direct a senior customs officer to apply, or arrange for a customs officer | |
to apply, for such an order. | |
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(4) An account monitoring order is an order made by a judge that a financial | |
institution specified in the application for the order must, for the period stated | |
in the order, provide account information of the description specified in the | |
order to the applicant in the manner, and at or by the time or times, stated in | |
the order. | 5 |
(5) Account information is information relating to an account or accounts held at | |
the financial institution specified in the application by the person so specified | |
(whether solely or jointly with another). | |
(6) An account monitoring order has effect in spite of any restriction on the | |
disclosure of information (however imposed). | 10 |
(7) Account information obtained in pursuance of an account monitoring order is | |
to be given to the Secretary of State and sent by him to the authority which | |
made the request. | |
36 Making, varying or discharging account monitoring orders | |
(1) A judge may make an account monitoring order, on an application made to | 15 |
him in pursuance of a direction under section 35(3), if he is satisfied that— | |
(a) there is an investigation in the country in question into criminal | |
conduct, and | |
(b) the order is sought for the purposes of the investigation. | |
(2) The application may be made ex parte to a judge in chambers. | 20 |
(3) The application may specify information relating to— | |
(a) all accounts held by the person specified in the application for the order | |
at the financial institution so specified, | |
(b) a particular description, or particular descriptions, of accounts so held, | |
or | 25 |
(c) a particular account, or particular accounts, so held. | |
(4) The court may discharge or vary an account monitoring order on an | |
application made by— | |
(a) the person who applied for the order, | |
(b) a senior police officer, | 30 |
(c) a constable authorised by a senior police officer to make the | |
application, | |
(d) a senior customs officer, | |
(e) a customs officer authorised by a senior customs officer to make the | |
application. | 35 |
(5) Account monitoring orders have effect as if they were orders of the court. | |
Requests for information about banking transactions in Scotland for use abroad | |
37 Customer information | |
(1) This section applies where the Lord Advocate receives a request from an | |
authority mentioned in subsection (2) for customer information to be obtained | 40 |
in relation to a person who appears to him to be subject to an investigation in | |
a participating country into serious criminal conduct. | |
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