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93 Commencement | |
(1) This Act (except this Chapter and the provisions mentioned in subsection (2)) | |
is to come into force on such day as the Secretary of State may by order made | |
by statutory instrument appoint. | |
(2) The following are to come into force on such day as the Scottish Ministers may | 5 |
by order made by statutory instrument appoint— | |
(a) sections 37 to 41, | |
(b) section 88. | |
(3) An order under this section may make different provision for different | |
purposes. | 10 |
94 Extent | |
(1) Sections 32 to 36 extend only to England and Wales and Northern Ireland. | |
(2) Sections 37 to 41 extend only to Scotland. | |
95 Short title | |
This Act may be cited as the Crime (International Co-operation) Act 2003. | 15 |
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Schedules | |
Schedule 1 | |
Section 15 | |
Proceedings of a nominated court under section 15 | |
Securing attendance of witnesses | |
1 The court has the like powers for securing the attendance of a witness as it | 5 |
has for the purposes of other proceedings before the court. | |
2 In Scotland the court has power to issue a warrant to officers of law to cite | |
witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 | |
(c. 46) applies in relation to a witness so cited. | |
Power to administer oaths | 10 |
3 The court may take evidence on oath. | |
Proceedings | |
4 Rules of court under section 49 may, in particular, make provision in respect | |
of the persons entitled to appear or take part in the proceedings and for | |
excluding the public from the proceedings. | 15 |
Privilege of witnesses | |
5 (1) A person cannot be compelled to give any evidence which he could not be | |
compelled to give- | |
(a) in criminal proceedings in the part of the United Kingdom in which | |
the nominated court exercises jurisdiction, or | 20 |
(b) subject to sub-paragraph (2), in criminal proceedings in the country | |
from which the request for the evidence has come. | |
(2) Sub-paragraph (1)(b) does not apply unless the claim of the person | |
questioned to be exempt from giving the evidence is conceded by the court | |
or authority which made the request. | 25 |
(3) Where the person’s claim is not conceded, he may be required to give the | |
evidence to which the claim relates (subject to the other provisions of this | |
paragraph); but the evidence may not be forwarded to the court or authority | |
which requested it if a court in the country in question, on the matter being | |
referred to it, upholds the claim. | 30 |
(4) A person cannot be compelled to give any evidence if his doing so would be | |
prejudicial to the security of the United Kingdom. | |
(5) A certificate signed by or on behalf of the Secretary of State or, where the | |
court is in Scotland, the Lord Advocate to the effect that it would be so | |
prejudicial for that person to do so is conclusive evidence of that fact. | 35 |
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(6) A person cannot be compelled to give any evidence in his capacity as an | |
officer or servant of the Crown. | |
(7) Sub-paragraphs (4) and (6) are without prejudice to the generality of sub- | |
paragraph (1). | |
Forwarding evidence | 5 |
6 (1) The evidence received by the court is to be given to the court or authority | |
that made the request or to the territorial authority for forwarding to the | |
court or authority that made the request. | |
(2) So far as may be necessary in order to comply with the request— | |
(a) where the evidence consists of a document, the original or a copy is | 10 |
to be provided, | |
(b) where it consists of any other article, the article itself, or a | |
description, photograph or other representation of it, is to be | |
provided. | |
Supplementary | 15 |
7 The Bankers’ Books Evidence Act 1879 (c. 11) applies to the proceedings as | |
it applies to other proceedings before the court. | |
8 No order for costs may be made. | |
Schedule 2 | |
Sections 30 and 31 | |
Evidence given by television link or telephone | 20 |
Part 1 | |
Evidence given by television link | |
Securing attendance of witnesses | |
1 The nominated court has the like powers for securing the attendance of the | |
witness to give evidence through the link as it has for the purpose of | 25 |
proceedings before the court. | |
2 In Scotland the nominated court has power to issue a warrant to officers of | |
law to cite the witness for the purpose of securing his attendance to give | |
evidence through the link, and section 156 of the Criminal Procedure | |
(Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited. | 30 |
Conduct of hearing | |
3 The witness is to give evidence in the presence of the nominated court. | |
4 The nominated court is to establish the identity of the witness. | |
5 The nominated court is to intervene where it considers it necessary to do so | |
to safeguard the rights of the witness. | 35 |
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6 The evidence is to be given under the supervision of the court of the country | |
concerned. | |
7 The evidence is to be given in accordance with the laws of that country and | |
with any measures for the protection of the witness agreed between the | |
Secretary of State and the authority in that country which appears to him to | 5 |
have the function of entering into agreements of that kind. | |
8 Rules of court under section 49 must make provision for the use of | |
interpreters. | |
Privilege of witness | |
9 (1) The witness cannot be compelled to give any evidence which he could not | 10 |
be compelled to give in criminal proceedings in the part of the United | |
Kingdom in which the nominated court exercises jurisdiction. | |
(2) The witness cannot be compelled to give any evidence if his doing so would | |
be prejudicial to the security of the United Kingdom. | |
(3) A certificate signed by or on behalf of the Secretary of State or, where the | 15 |
court is in Scotland, the Lord Advocate to the effect that it would be so | |
prejudicial for that person to do so is to be conclusive evidence of that fact. | |
(4) The witness cannot be compelled to give any evidence in his capacity as an | |
officer or servant of the Crown. | |
(5) Sub-paragraphs (2) and (4) are without prejudice to the generality of sub- | 20 |
paragraph (1). | |
Record of hearing | |
10 Rules of court under section 49 must make provision— | |
(a) for the drawing up of a record of the hearing, | |
(b) for sending the record to the external authority. | 25 |
Part 2 | |
Evidence given by telephone | |
Notification of witness | |
11 The nominated court must notify the witness of the time when and the place | |
at which he is to give evidence by telephone. | 30 |
Conduct of hearing | |
12 The nominated court must be satisfied that the witness is willingly giving | |
evidence by telephone. | |
13 The witness is to give evidence in the presence of the nominated court. | |
14 The nominated court is to establish the identity of the witness. | 35 |
15 The evidence is to be given under the supervision of the court of the | |
participating country. | |
16 The evidence is to be given in accordance with the laws of that country. | |
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17 Rules of court under section 49 must make provision for the use of | |
interpreters. | |
Schedule 3 | |
Section 54 | |
Offences for the purposes of section 54 | |
Part 1 | 5 |
Offences where order of disqualification for a minimum period unnecessary | |
1 (1) Manslaughter or culpable homicide by the driver of a motor vehicle. | |
(2) “Driver”— | |
(a) in relation to Great Britain, has the same meaning as in the Road | |
Traffic Act 1988 (c. 52), | 10 |
(b) in relation to Northern Ireland, has the same meaning as in Article | |
2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ | |
2994 (N.I.18)). | |
2 An offence under section 89(1) of the Road Traffic Regulation Act 1984 (c. 27) | |
or Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 | 15 |
(S.I. 1997/ 276 (N.I.2)) (exceeding speed limit). | |
3 An offence under any of the following sections of the Road Traffic Act 1988 | |
or Articles of the Road Traffic (Northern Ireland) Order 1995— | |
(a) section 1 or Article 9 (causing death by dangerous driving), | |
(b) section 2 or Article 10 (dangerous driving), | 20 |
(c) section 3 or Article 12 (careless, and inconsiderate, driving), | |
(d) section 3A or Article 14 (causing death by careless driving when | |
under influence of drink or drugs), | |
(e) section 4 or Article 15 (driving, or being in charge, when under | |
influence of drink or drugs), | 25 |
(f) section 5 or Article 16 (driving, or being in charge, of a motor vehicle | |
with alcohol concentration above prescribed limit), | |
(g) section 6 or Article 17 (failing to provide a specimen of breath for a | |
breath test), | |
(h) section 7 or Article 18 (failing to provide specimen for analysis or | 30 |
laboratory test). | |
4 An offence under section 12 of the Road Traffic Act 1988 (motor racing and | |
speed trials on public ways). | |
5 An offence under section 103(1)(b) of the Road Traffic Act 1988 or Article | |
167(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 | 35 |
(N.I.1)) (driving while disqualified). | |
6 An offence under section 170(4) of the Road Traffic Act 1988 or Article 175(2) | |
of the Road Traffic (Northern Ireland) Order 1981 (failing to stop after | |
accident and give particulars or report of accident). | |
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Part 2 | |
Offences where order of disqualification for minimum period necessary | |
7 An offence which— | |
(a) is mentioned in Part 1 of Schedule 2 to the Road Traffic Offenders Act | |
1988 (c. 53) or Part 1 of Schedule 1 to the Road Traffic Offenders | 5 |
(Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)), but | |
(b) is not an offence mentioned in Part 1 of this Schedule. | |
Schedule 4 | |
Section 89 | |
Terrorist property: freezing orders | |
1 The Terrorism Act 2000 (c. 11) is amended as follows. | 10 |
2 In section 123 (orders and regulations), in subsection (2)(i), for “paragraph” | |
there is substituted “paragraphs 11A, 25A, 41A and”. | |
3 In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after | |
paragraph 11 there is inserted— | |
“Domestic and overseas freezing orders | 15 |
11A (1) This paragraph has effect for the purposes of paragraphs 11B to | |
11G. | |
(2) The relevant Framework Decision means any Framework | |
Decision of the Council of the European Union which is identified | |
by the Secretary of State by order and is about the execution of | 20 |
orders freezing property or evidence. | |
(3) A listed offence means— | |
(a) an offence described in a prescribed provision of the | |
relevant Framework Decision, or | |
(b) a prescribed offence or an offence of a prescribed | 25 |
description. | |
(4) An order under sub-paragraph (3)(b) which, for the purposes of | |
paragraph 11D, prescribes an offence or a description of offences | |
may require that the conduct which constitutes the offence or | |
offences would, if it occurred in a part of the United Kingdom, | 30 |
constitute an offence in that part. | |
(5) Specified information, in relation to a certificate under paragraph | |
11B or 11D, means— | |
(a) any information required to be given by a prescribed | |
document annexed to the relevant Framework Decision, or | 35 |
(b) any prescribed information. | |
(6) In this paragraph, “prescribed” means prescribed by an order | |
made by the Secretary of State. | |
(7) A participating country means— | |
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(a) a country other than the United Kingdom which is a | |
member State on a day appointed for the commencement | |
of Schedule 4 to the Crime (International Co-operation) | |
Act 2003, and | |
(b) any other member State designated by an order made by | 5 |
the Secretary of State. | |
(8) “Country” includes territory. | |
(9) Section 14(2)(a) applies for the purposes of determining what are | |
the proceeds of the commission of an offence. | |
| 10 |
Domestic freezing orders: certification | |
11B (1) If any of the property to which an application for a restraint order | |
relates is property in a participating country, the applicant may | |
ask the High Court to make a certificate under this paragraph. | |
(2) The High Court may make a certificate under this paragraph if— | 15 |
(a) it makes a restraint order in relation to property in the | |
participating country, and | |
(b) it is satisfied that there is a good arguable case that the | |
property is likely to be used for the purposes of a listed | |
offence or is the proceeds of the commission of a listed | 20 |
offence. | |
(3) A certificate under this paragraph is a certificate which— | |
(a) is made for the purposes of the relevant Framework | |
Decision, and | |
(b) gives the specified information. | 25 |
(4) If the High Court makes a certificate under this paragraph— | |
(a) the restraint order must provide for notice of the certificate | |
to be given to the person affected by it, and | |
(b) paragraph 6(2) to (4) applies to the certificate as it apples to | |
the restraint order. | 30 |
Sending domestic freezing orders | |
11C (1) If a certificate is made under paragraph 11B, the restraint order | |
and the certificate are to be sent to the Secretary of State for | |
forwarding to— | |
(a) a court exercising jurisdiction in the place where the | 35 |
property is situated, or | |
(b) any authority recognised by the government of the | |
participating country as the appropriate authority for | |
receiving orders of that kind. | |
(2) The restraint order and the certificate must be accompanied by a | 40 |
forfeiture order, unless the certificate indicates when the court | |
expects a forfeiture order to be sent. | |
(3) The certificate must include a translation of it into an appropriate | |
language of the participating country (if that language is not | |
English). | 45 |
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