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44 Monitoring banking transactions | |
(1) If it appears to a judicial authority in the United Kingdom, on an application | |
made by a prosecuting authority, that the information which the applicant | |
seeks to obtain is relevant to an investigation in the United Kingdom into | |
criminal conduct, the judicial authority may request assistance under this | 5 |
section. | |
(2) The judicial authorities are— | |
(a) in relation to England and Wales, any judge or justice of the peace, | |
(b) in relation to Scotland, any sheriff, | |
(c) in relation to Northern Ireland, any judge or resident magistrate. | 10 |
(3) If it appears to a prosecuting authority mentioned in subsection (4) that the | |
information which it seeks to obtain is relevant to an investigation into criminal | |
conduct, the authority may itself request assistance under this section. | |
(4) The prosecuting authorities are— | |
(a) in relation to England and Wales and Northern Ireland, a prosecuting | 15 |
authority designated by an order made by the Secretary of State, | |
(b) in relation to Scotland, the Lord Advocate or a procurator fiscal. | |
(5) The assistance that may be requested under this section is any assistance in | |
obtaining from a participating country details of transactions to be carried out | |
in any period specified in the request in respect of any accounts at banks | 20 |
situated in that country. | |
45 Sending requests for assistance | |
(1) A request for assistance under section 43 or 44, other than one to which | |
subsection (3) or (4) applies, is to be sent to the Secretary of State for | |
forwarding— | 25 |
(a) to a court specified in the request and exercising jurisdiction in the | |
place where the information is to be obtained, or | |
(b) to any authority recognised by the participating country in question as | |
the appropriate authority for receiving requests for assistance of the | |
kind to which this section applies. | 30 |
(2) But in cases of urgency the request may be sent to a court referred to in | |
subsection (1)(a). | |
(3) Such a request for assistance by the Lord Advocate is to be sent to a court or | |
authority mentioned in subsection (1)(a) or (b). | |
(4) Such a request for assistance by a sheriff or a procurator fiscal is to be sent to | 35 |
such a court or authority, or to the Lord Advocate for forwarding to such a | |
court or authority. | |
General | |
46 Interpretation of Chapter 4 | |
(1) In this Chapter— | 40 |
“the court” means the Crown Court or, in Scotland, the sheriff, | |
| |
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| |
| |
“senior police officer” means a police officer who is not below the rank of | |
superintendent and “senior customs officer” means a customs officer | |
who is not below the grade designated by the Commissioners of | |
Customs and Excise as equivalent to that rank. | |
(2) The following provisions apply for the purposes of this Chapter. | 5 |
(3) Serious criminal conduct means conduct which constitutes— | |
(a) an offence to which paragraph 3 of Article 1 (request for information on | |
bank accounts) of the 2001 Protocol applies, or | |
(b) an offence specified in an order made by the Secretary of State or, in | |
relation to Scotland, the Scottish Ministers for the purpose of giving | 10 |
effect to any decision of the Council of the European Union under | |
paragraph 6 of that Article. | |
(4) A financial institution— | |
(a) means a person who is carrying on business in the regulated sector, and | |
(b) in relation to a customer information order or an account monitoring | 15 |
order, includes a person who was carrying on business in the regulated | |
sector at a time which is the time to which any requirement for him to | |
provide information under the order is to relate. | |
“Business in the regulated sector” is to be interpreted in accordance with | |
Schedule 9 to the Proceeds of Crime Act 2002 (c. 29). | 20 |
(5) A judge means— | |
(a) in relation to England and Wales, a judge entitled to exercise the | |
jurisdiction of the Crown Court, | |
(b) in relation to Northern Ireland, a Crown Court judge. | |
Chapter 5 | 25 |
Transfer of prisoners | |
47 Transfer of UK prisoner to assist investigation abroad | |
(1) The Secretary of State may pursuant to an agreement with the competent | |
authority of a participating country issue a warrant providing for any person | |
to whom this section applies (“a prisoner”) to be transferred to that country for | 30 |
the purpose of assisting there in the investigation of an offence. | |
The offence must be one which was or may have been committed in the United | |
Kingdom. | |
(2) This section applies to a person— | |
(a) serving a sentence in a prison, | 35 |
(b) in custody awaiting trial or sentence, or | |
(c) committed to prison for default in paying a fine. | |
(3) But, in relation to transfer from Scotland— | |
(a) this section applies to any person detained in custody, | |
(b) references in this section to the Secretary of State are to be read as | 40 |
references to the Scottish Ministers. | |
(4) A warrant may be issued in respect of a prisoner under subsection (1) only if— | |
(a) the prisoner, or | |
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| |
(b) in the circumstances mentioned in subsection (5), a person appearing to | |
the Secretary of State to be an appropriate person to act on the | |
prisoner’s behalf, | |
has made a written statement consenting to his being transferred for the | |
purpose mentioned in subsection (1). | 5 |
(5) The circumstances are those in which it appears to the Secretary of State to be | |
inappropriate for the prisoner to act for himself, by reason of his physical or | |
mental condition or his youth. | |
(6) Such consent cannot be withdrawn after the issue of the warrant. | |
(7) A warrant under this section authorises— | 10 |
(a) the taking of the prisoner to a place in the United Kingdom and his | |
delivery at a place of departure from the United Kingdom into the | |
custody of a person representing the appropriate authority of the | |
participating country to which the prisoner is to be transferred, and | |
(b) the bringing of the prisoner back to the United Kingdom and his | 15 |
transfer in custody to the place where he is liable to be detained under | |
the sentence or order to which he is subject. | |
(8) References to a prison in this section include any other institution to which the | |
Prison Act 1952 (c. 52), the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)) or | |
Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 | 20 |
(S.I. 1998/ 1504 (N.I.9)) applies. | |
(9) Subsections (3A) to (8) of section 5 of the 1990 Act (transfer of UK prisoner to | |
give evidence or assist investigation overseas) have effect in relation to a | |
warrant issued under this section as they have effect in relation to a warrant | |
issued under that section. | 25 |
48 Transfer of EU etc. prisoner to assist UK investigation | |
(1) The Secretary of State may pursuant to an agreement with the competent | |
authority of a participating country issue a warrant providing for any person | |
to whom this section applies (“the overseas prisoner”) to be transferred to the | |
United Kingdom for the purpose of assisting in the investigation of an offence. | 30 |
The offence must be one which was or may have been committed in the | |
participating country. | |
(2) This section applies to a person who is detained in custody in a participating | |
country— | |
(a) by virtue of a sentence or order of a court exercising criminal | 35 |
jurisdiction there, or | |
(b) in consequence of having been transferred there from the United | |
Kingdom under the Repatriation of Prisoners Act 1984 (c. 47) or under | |
any similar provision or arrangement from any other country. | |
(3) But, in relation to transfer to Scotland— | 40 |
(a) this section applies to any person who is detained in custody in a | |
participating country, | |
(b) the reference in subsection (1) to the Secretary of State is to be read as a | |
reference to the Scottish Ministers. | |
(4) A warrant may be issued in respect of an overseas prisoner under subsection | 45 |
(1) only if the competent authority provides a written statement made by the | |
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prisoner consenting to his being transferred for the purpose mentioned in that | |
subsection. | |
(5) Such consent cannot be withdrawn after the issue of the warrant. | |
(6) A warrant under this section authorises— | |
(a) the bringing of the prisoner to the United Kingdom, | 5 |
(b) the taking of the prisoner to, and his detention in custody at, any place | |
or places in the United Kingdom specified in the warrant, | |
(c) the returning of the prisoner to the country from which he has come. | |
(7) Subsections (4) to (8) of section 5 of the 1990 Act have effect in relation to a | |
warrant issued under this section as they have effect in relation to a warrant | 10 |
issued under that section. | |
(8) A person is not subject to the Immigration Act 1971 (c. 77) in respect of his entry | |
into or presence in the United Kingdom pursuant to a warrant under this | |
section; but if the warrant ceases to have effect while he is still in the United | |
Kingdom— | 15 |
(a) he is to be treated for the purposes of that Act as if he has then illegally | |
entered the United Kingdom, and | |
(b) the provisions of Schedule 2 to that Act have effect accordingly except | |
that paragraph 20(1) (liability of carrier for expenses of custody etc. of | |
illegal entrant) does not have effect in relation to directions for his | 20 |
removal given by virtue of this subsection. | |
Chapter 6 | |
Supplementary | |
49 Rules of court | |
(1) Provision may be made by rules of court as to the practice and procedure to be | 25 |
followed in connection with proceedings under this Part. | |
(2) Rules of court made under this section by the High Court in Scotland are to be | |
made by Act of Adjournal. | |
(3) The power to make rules of court under this section does not prejudice any | |
existing power to make rules. | 30 |
50 Subordinate legislation | |
(1) Any power to make an order conferred by this Part on the Secretary of State, | |
the Treasury or the Scottish Ministers is exercisable by statutory instrument. | |
(2) Such an order may make different provision for different purposes. | |
(3) A statutory instrument (other than an instrument to which subsection (5) | 35 |
applies) containing an order made by the Secretary of State or the Treasury is | |
to be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(4) A statutory instrument (other than an instrument to which subsection (5) | |
applies) containing an order made by the Scottish Ministers is to be subject to | 40 |
annulment in pursuance of a resolution of the Scottish Parliament. | |
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(5) A statutory instrument containing an order under section 51(2)(b) designating | |
a country other than a member State is not to be made unless— | |
(a) in the case of an order to be made by the Secretary of State, a draft of the | |
instrument has been laid before, and approved by resolution of, each | |
House of Parliament, | 5 |
(b) in the case of an order to be made by the Scottish Ministers, a draft of | |
the instrument has been laid before, and approved by resolution of, the | |
Scottish Parliament. | |
51 General interpretation | |
(1) In this Part— | 10 |
“the 1990 Act” means the Criminal Justice (International Co-operation) | |
Act 1990 (c. 5), | |
“the 2001 Protocol” means the Protocol to the Mutual Legal Assistance | |
Convention, established by Council Act of 16th October 2001 (2001/ | |
C326/01), | 15 |
“administrative proceedings” means proceedings outside the United | |
Kingdom to which article 3(1) of the Mutual Legal Assistance | |
Convention applies (proceedings brought by administrative | |
authorities in respect of administrative offences where a decision in the | |
proceedings may be the subject of an appeal before a court), | 20 |
“chief officer of police”— | |
(a) in relation to any area in Scotland, means the chief constable for | |
the police force maintained for that area, | |
(b) in relation to any area in Northern Ireland, means the Chief | |
Constable of the Police Service of Northern Ireland, | 25 |
“clemency proceedings” means proceedings in a country outside the | |
United Kingdom, not being proceedings before a court exercising | |
criminal jurisdiction, for the removal or reduction of a penalty imposed | |
on conviction of an offence, | |
“country” includes territory, | 30 |
“court” includes a tribunal, | |
“criminal proceedings” include criminal proceedings outside the United | |
Kingdom in which a civil order may be made, | |
“ customs officer” means an officer commissioned by the Commissioners | |
of Customs and Excise under section 6(3) of the Customs and Excise | 35 |
Management Act 1979 (c. 2), | |
“evidence” includes information in any form and articles, and giving | |
evidence includes answering a question or producing any information | |
or article, | |
“the Mutual Legal Assistance Convention” means the Convention on | 40 |
Mutual Assistance in Criminal Matters established by Council Act of | |
29th May 2000 (2000/C197/01), | |
“the Schengen Convention” means the Convention implementing the | |
Schengen Agreement of 14th June 1985. | |
(2) A participating country, in relation to any provision of this Part, means— | 45 |
(a) a country other than the United Kingdom which is a member State on | |
a day appointed for the commencement of that provision, and | |
(b) any other country designated by an order made by the Secretary of | |
State or, in relation to Scotland, the Scottish Ministers. | |
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(3) In this Part, “process”, in relation to England and Wales and Northern Ireland, | |
means any summons or order issued or made by a court and includes— | |
(a) any other document issued or made by a court for service on parties or | |
witnesses, | |
(b) any document issued by a prosecuting authority outside the United | 5 |
Kingdom for the purposes of criminal proceedings. | |
(4) In this Part, “process”, in relation to service in Scotland, means a citation by a | |
court or by a prosecuting authority, or an order made by a court, and includes | |
any other document issued or made as mentioned in subsection (3)(a) or (b). | |
Part 2 | 10 |
Terrorist acts and threats: jurisdiction | |
52 Jurisdiction for terrorist offences | |
After section 63 of the Terrorism Act 2000 (c. 11) there is inserted— | |
“ Extra-territorial jurisdiction for other terrorist offences etc. | |
63A Other terrorist offences under this Act: jurisdiction | 15 |
(1) If— | |
(a) a United Kingdom national or a United Kingdom resident does | |
anything outside the United Kingdom, and | |
(b) his action, if done in any part of the United Kingdom, would | |
have constituted an offence under section 54 or any of sections | 20 |
56 to 61, | |
he shall be guilty in that part of the United Kingdom of the offence. | |
(2) For the purposes of this section and sections 63B and 63C a “United | |
Kingdom national” means an individual who is— | |
(a) a British citizen, a British overseas territories citizen, a British | 25 |
National (Overseas) or a British Overseas citizen, | |
(b) a person who under the British Nationality Act 1981 is a British | |
subject, or | |
(c) a British protected person within the meaning of that Act. | |
(3) For the purposes of this section and sections 63B and 63C a “United | 30 |
Kingdom resident” means an individual who is resident in the United | |
Kingdom. | |
63B Terrorist attacks abroad by UK nationals or residents: jurisdiction | |
(1) If— | |
(a) a United Kingdom national or a United Kingdom resident does | 35 |
anything outside the United Kingdom as an act of terrorism or | |
for the purposes of terrorism, and | |
(b) his action, if done in any part of the United Kingdom, would | |
have constituted an offence listed in subsection (2), | |
he shall be guilty in that part of the United Kingdom of the offence. | 40 |
(2) These are the offences— | |
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(a) murder, manslaughter, culpable homicide, rape, assault | |
causing injury, assault to injury, kidnapping, abduction or false | |
imprisonment, | |
(b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or | |
64 of the Offences against the Person Act 1861, | 5 |
(c) an offence under any of sections 1 to 5 of the Forgery and | |
Counterfeiting Act 1981, | |
(d) the uttering of a forged document or an offence under section | |
46A of the Criminal Law (Consolidation) (Scotland) Act 1995, | |
(e) an offence under section 1 or 2 of the Criminal Damage Act | 10 |
1971, | |
(f) an offence under Article 3 or 4 of the Criminal Damage | |
(Northern Ireland) Order 1977, | |
(g) malicious mischief, | |
(h) wilful fire-raising. | 15 |
63C Terrorist attacks abroad on UK nationals, residents and diplomatic | |
staff etc: jurisdiction | |
(1) If— | |
(a) a person does anything outside the United Kingdom as an act of | |
terrorism or for the purposes of terrorism, | 20 |
(b) his action is done to, or in relation to, a United Kingdom | |
national, a United Kingdom resident or a protected person, and | |
(c) his action, if done in any part of the United Kingdom, would | |
have constituted an offence listed in subsection (2), | |
he shall be guilty in that part of the United Kingdom of the offence. | 25 |
(2) These are the offences— | |
(a) murder, manslaughter, culpable homicide, rape, assault | |
causing injury, assault to injury, kidnapping, abduction or false | |
imprisonment, | |
(b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or | 30 |
64 of the Offences against the Person Act 1861, | |
(c) an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and | |
Counterfeiting Act 1981, | |
(d) the uttering of a forged document or an offence under section | |
46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. | 35 |
(3) For the purposes of this section and section 63D a person is a protected | |
person if— | |
(a) he is a member of a United Kingdom diplomatic mission within | |
the meaning of Article 1(b) of the Vienna Convention on | |
Diplomatic Relations signed in 1961 (as that Article has effect in | 40 |
the United Kingdom by virtue of section 2 of and Schedule 1 to | |
the Diplomatic Privileges Act 1964), | |
(b) he is a member of a United Kingdom consular post within the | |
meaning of Article 1(g) of the Vienna Convention on Consular | |
Relations signed in 1963 (as that Article has effect in the United | 45 |
Kingdom by virtue of section 1 of and Schedule 1 to the | |
Consular Relations Act 1968), | |
(c) he carries out any functions for the purposes of the European | |
Agency for the Evaluation of Medicinal Products, or | |
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