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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 2 — Mutual provision of evidence

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     (5)    Subsection (4) does not require any evidence to be sent to any court or

authority—

           (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 (c. 16), to be property within

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subsection (3) of that section (property which may be retained after

examination), or

           (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.

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 27    Exercise of powers by others

     (1)    The Treasury may by order provide, in relation to England and Wales or

Northern Ireland—

           (a)           for any function conferred on the Secretary of State (whether or not in

terms) under this group of sections (that is, sections 13 to 26 and this

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section) to be exercisable instead in prescribed circumstances by the

Commissioners of Customs and Excise,

           (b)           for any function conferred on a constable under this group of sections

to be exercisable instead in prescribed circumstances by an officer

commissioned by the Commissioners of Customs and Excise under

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section 6(3) of the Customs and Excise Management Act 1979 (c. 2), or

a person acting under the direction of such an officer.

            “Prescribed” means prescribed by the order.

     (2)    The Secretary of State may by order provide, in relation to England and Wales

or Northern Ireland—

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           (a)           for any function conferred on him under this group of sections to be

exercisable instead in prescribed circumstances by a prescribed person,

           (b)           for any function conferred on a constable under this group of sections

to be exercisable instead in prescribed circumstances by a prescribed

person.

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            “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

     (1)    In this Chapter—

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                    “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

Act 1984 (c. 60), sections 31 and 32 of the Criminal Law (Consolidation)

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(Scotland) Act 1995 (c. 39) 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

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of State by order and is about the execution of orders freezing property

or evidence.

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 3 — Hearing evidence through television links or by telephone

    16

 

     (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

same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) or (as the

case may be) the Police and Criminal Evidence (Northern Ireland) Order 1989

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(S.I. 1989/ 1341 (N.I.12)).

     (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—

           (a)           an offence described in a provision, identified by an order made by the

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Secretary of State, of the relevant Framework Decision , or

           (b)           an offence prescribed by such an order.

     (6)    An order prescribing an offence under subsection (5)(b) may require, in the

case of an overseas freezing order, that the conduct which constitutes the

offence would, if it occurred in a part of the United Kingdom, constitute an

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offence in that part.

     (7)    Specified information, in relation to a certificate required by section 11(3) or

20(5), means—

           (a)           any information required to be given by a document annexed to the

relevant Framework Decision and identified by an order made by the

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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.

     (9)    The territorial authority—

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           (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

Hearing evidence through television links or by telephone

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 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) (proceedings in which evidence may be given through

television link) to apply to any further description of criminal proceedings, or

to all criminal proceedings.

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     (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

proceedings, or to all criminal proceedings.

 30    Hearing witnesses in the UK through television links

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     (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

 

 

Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 3 — Hearing evidence through television links or by telephone

    17

 

     (1)    the United Kingdom to give evidence through a live television link in criminal

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

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appears to the Secretary of State to have the function of making requests of the

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.

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     (4)    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

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—

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           (a)           section 1 of the Perjury Act 1911 (c. 6),

           (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

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common law crime of perjury,

            as made in proceedings before the nominated court.

     (6)    Part 1 of Schedule 2 (evidence given by television link) is to have effect.

     (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

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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.

 31    Hearing witnesses in the UK by telephone

     (1)    This section applies where the Secretary of State receives a request, from an

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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.

            Criminal proceedings include any proceedings on an appeal before a court

against a decision in administrative proceedings.

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     (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)    A request under subsection (1) must—

           (a)           specify the court in the participating country,

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           (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.

 

 

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

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     (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

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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

10

(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.

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     (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

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be read as references to the Lord Advocate.

Chapter 4

Information about banking transactions

Requests for information about banking transactions in England and Wales and Northern

Ireland for use abroad

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 32    Customer information

     (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.

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     (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 direct a senior police officer to apply, or arrange for

a constable to apply, for a customer information order.

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     (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

such customer information as it has relating to the person specified in the

application.

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

    19

 

     (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.

     (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

5

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).

     (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

10

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

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

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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

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

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           (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,

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           (c)           a constable authorised by a senior police officer to make the

application.

 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

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order.

     (2)    A financial institution guilty of an offence under subsection (1) is liable on

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—

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           (a)           makes a statement which it knows to be false or misleading in a

material particular, or

 

 

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

    20

 

           (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

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           (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.

10

     (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 direct a senior police officer to apply, or arrange for

a constable to apply, for an account monitoring 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.

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     (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).

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     (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

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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.

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     (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

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           (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—

 

 

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

    21

 

           (a)           the person who applied for the order,

           (b)           a senior police officer,

           (c)           a constable authorised by a senior police officer to make the

application.

     (5)    Account monitoring orders have effect as if they were orders of the court.

5

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

in relation to a person who appears to him to be subject to an investigation in

10

a participating country into serious criminal conduct.

     (2)    The authority referred to in subsection (1) is the authority in that country which

appears to the Lord Advocate to have the function of making requests of the

kind to which this section applies.

     (3)    The Lord Advocate may direct a procurator fiscal to apply for a customer

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information order.

     (4)    A customer information order is an order made by a sheriff 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

such customer information as it has relating to the person specified in the

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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.

     (6)    Section 398 of the Proceeds of Crime Act 2002 (c. 29) (meaning of customer

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information), except subsections (2)(f) and (3)(i), has effect for the purposes of

this section as if this section were included in Chapter 3 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).

     (8)    Customer information obtained in pursuance of a customer information order

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is to be given to the Lord Advocate and sent by him to the authority which

made the request.

 38    Making, varying or discharging customer information orders

     (1)    A sheriff may make a customer information order, on an application made to

him pursuant to a direction under section 37(3), if he is satisfied that—

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           (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 Scotland, or would do were it to

occur in Scotland, and

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           (d)           the order is sought for the purposes of the investigation.

     (2)    The application may be made ex parte to a sheriff in chambers.

 

 

 
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