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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 4 — Information about banking transactions

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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

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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.

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     (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

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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

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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—

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           (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.

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     (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

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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—

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                    “the court” means the Crown Court or, in Scotland, the sheriff,

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 5 — Transfer of prisoners

    27

 

                    “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.

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     (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

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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

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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).

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     (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

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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

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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,

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           (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

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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

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 5 — Transfer of prisoners

    28

 

           (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).

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     (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—

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           (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

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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

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(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.

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 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.

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            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

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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—

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           (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

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(1) only if the competent authority provides a written statement made by the

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 6 — Supplementary

    29

 

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,

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           (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

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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—

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           (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

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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

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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.

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 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)

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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

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annulment in pursuance of a resolution of the Scottish Parliament.

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 6 — Supplementary

    30

 

     (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,

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           (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—

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                    “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),

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                    “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),

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                    “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,

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                    “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,

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                    “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

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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

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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—

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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 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.

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    31

 

     (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

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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

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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

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           (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

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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

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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

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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

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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.

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           (2)           These are the offences—

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    32

 

                  (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

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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,

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                  (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.

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           (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

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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.

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           (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

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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

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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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