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Crime (International Co-operation) Bill [HL]


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

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 50    Application to courts-martial etc.

     (1)    Section 3 applies also to a summons requiring a person charged with a civil

offence to appear before a service court (whether or not in the United

Kingdom) or to attend before such a court for the purpose of giving evidence

in proceedings for such an offence.

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     (2)    A warrant may be issued under section 6 of the 1990 Act (transfer of overseas

prisoner) or section 48 of this Act where such a summons has been issued in

respect of a prisoner within the meaning of the section in question.

     (3)    Section 47 applies also to a person serving a sentence of detention imposed by

a service court or detained in custody awaiting trial by such a court.

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     (4)    In this section, a civil offence has the same meaning as in the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) and the Naval

Discipline Act 1957 (c. 53) and “service court” means a court-martial

constituted under any of those Acts or a Standing Civilian Court.

 51    Subordinate legislation

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     (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 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

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House of Parliament.

     (4)    A statutory instrument containing an order made by the Scottish Ministers is

to be subject to annulment in pursuance of a resolution of the Scottish

Parliament.

 52    General interpretation

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     (1)    In this Part—

                    “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/

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C326/01),

                    “administrative proceedings” means proceedings outside the United

Kingdom to which article 49(a) of the Schengen Convention applies

(proceedings brought by administrative authorities in respect of

administrative offences where a decision in the proceedings may be the

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subject of an appeal before a court),

                    “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

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Constable of the Police Service of Northern Ireland,

                    “clemency proceedings” means proceedings in a country outside the

United Kingdom, not being proceedings before a court exercising

criminal jurisdiction, for the removal of a penalty imposed on

conviction of an offence,

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

    30

 

                    “country” includes territory,

                    “court” includes a tribunal,

                    “criminal proceedings” include criminal proceedings outside the United

Kingdom in which a civil order may be made,

                    “evidence” includes information in any form and articles, and giving

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evidence includes answering a question or producing any information

or article,

                    “the Mutual Legal Assistance Convention” means the Convention on

Mutual Assistance in Criminal Matters established by Council Act of

29th May 2000 (2000/C197/01),

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                    “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—

           (a)           a country other than the United Kingdom which is a member State on

a day appointed for the commencement of that provision, and

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           (b)           any other country designated by an order made by the Secretary of

State.

     (3)    In this Part, “process” 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

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witnesses,

           (b)           any other document issued by a prosecuting authority outside the

United Kingdom for the purposes of criminal proceedings.

Part 2

Terrorist acts and threats: jurisdiction

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 53    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

           (1)           If—

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                  (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

56 to 61,

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                         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

National (Overseas) or a British Overseas citizen,

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                  (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.

 

 

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

    31

 

           (3)           For the purposes of this section and sections 63B and 63C a “United

Kingdom resident” means an individual who is resident in the United

Kingdom.

       63B  Terrorist attacks abroad by UK nationals or residents: jurisdiction

           (1)           If—

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                  (a)                 a United Kingdom national or a United Kingdom resident does

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),

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                         he shall be guilty in that part of the United Kingdom of the offence.

           (2)           These are the offences—

                  (a)                 murder, manslaughter, culpable homicide, rape, assault

causing injury, assault to injury, kidnapping, abduction or false

imprisonment,

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                  (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,

                  (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

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46A of the Criminal Law (Consolidation) (Scotland) Act 1995,

                  (e)                 an offence under section 1 or 2 of the Criminal Damage Act

1971,

                  (f)                 an offence under Article 3 or 4 of the Criminal Damage

(Northern Ireland) Order 1977,

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                  (g)                 malicious mischief,

                  (h)                 wilful fire-raising.

       63C  Terrorist attacks abroad on UK nationals, residents and diplomatic

staff etc: jurisdiction

           (1)           If—

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                  (a)                 a person does anything outside the United Kingdom                     as an act of

terrorism or for the purposes of terrorism,

                  (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

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have constituted an offence listed in subsection (2),

                         he shall be guilty in that part of the United Kingdom of the offence.

           (2)           These are the offences—

                  (a)                 murder, manslaughter, culpable homicide, rape, assault

causing injury, assault to injury, kidnapping, abduction or false

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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,

                  (c)                 an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and

Counterfeiting Act 1981,

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

    32

 

                  (d)                 the uttering of a forged document or an offence under section

46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

           (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

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the meaning of Article 1(b) of the Vienna Convention on

Diplomatic Relations signed in 1961 (as that Article has effect in

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

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meaning of Article 1(g) of the Vienna Convention on Consular

Relations signed in 1963 (as that Article has effect in the United

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

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Agency for the Evaluation of Medicinal Products, or

                  (d)                 he carries out any functions for the purposes of a body specified

in an order made by the Secretary of State.

           (4)           The Secretary of State may specify a body under subsection (3)(d) only

if—

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                  (a)                 it is established by or under the Treaty establishing the

European Community or the Treaty on European Union, and

                  (b)                 the principal place in which its functions are carried out is a

place in the United Kingdom.

           (5)           If in any proceedings a question arises as to whether a person is or was

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a protected person, a certificate—

                  (a)                 issued by or under the authority of the Secretary of State, and

                  (b)                 stating any fact relating to the question,

                         is to be conclusive evidence of that fact.

       63D  Terrorist attacks or threats abroad in connection with UK diplomatic

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premises etc: jurisdiction

           (1)           If—

                  (a)                 a person does anything outside the United Kingdom as an act of

terrorism or for the purposes of terrorism,

                  (b)                 his action is done in connection with an attack on relevant

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premises or on a vehicle ordinarily used by a protected person,

                  (c)                 the attack is made when a protected person is on or in the

premises or vehicle, and

                  (d)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (2),

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                         he shall be guilty in that part of the United Kingdom of the offence.

           (2)           These are the offences—

                  (a)                 an offence under section 1 of the Criminal Damage Act 1971,

                  (b)                 an offence under Article 3 of the Criminal Damage (Northern

Ireland) Order 1977,

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                  (c)                 malicious mischief,

                  (d)                 wilful fire-raising.

 

 

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

    33

 

           (3)           If—

                  (a)                 a person does anything outside the United Kingdom as an act of

terrorism or for the purposes of terrorism,

                  (b)                 his action consists of a threat of an attack on relevant premises

or on a vehicle ordinarily used by a protected person,

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                  (c)                 the attack is threatened to be made when a protected person is,

or is likely to be, on or in the premises or vehicle, and

                  (d)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (4),

                         he shall be guilty in that part of the United Kingdom of the offence.

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           (4)           These are the offences—

                  (a)                 an offence under section 2 of the Criminal Damage Act 1971,

                  (b)                 an offence under Article 4 of the Criminal Damage (Northern

Ireland) Order 1977,

                  (c)                 breach of the peace (in relation to Scotland only).

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           (5)           “Relevant premises” means—

                  (a)                 premises at which a protected person resides or is staying, or

                  (b)                 premises which a protected person uses for the purpose of

carrying out his functions as such a person.

       63E  Sections 63B to 63D: supplementary

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           (1)           Proceedings for an offence which (disregarding the Acts listed in

subsection (2)) would not be an offence apart from section 63B, 63C or

63D are not to be started—

                  (a)                 in England and Wales, except by or with the consent of the

Attorney General,

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                  (b)                 in Northern Ireland, except by or with the consent of the

Advocate General for Northern Ireland.

           (2)           These are the Acts—

                  (a)                 the Internationally Protected Persons Act 1978,

                  (b)                 the Suppression of Terrorism Act 1978,

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                  (c)                 the Nuclear Material (Offences) Act 1983,

                  (d)                 the United Nations Personnel Act 1997.

           (3)           For the purposes of sections 63C and 63D it is immaterial whether a

person knows that another person is a United Kingdom national, a

United Kingdom resident or a protected person.

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           (4)           In relation to any time before the coming into force of section 27(1) of

the Justice (Northern Ireland) Act 2002, the reference in subsection

(1)(b) to the Advocate General for Northern Ireland is to be read as a

reference to the Attorney General for Northern Ireland.”

 54    Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and

40

Security Act 2001

After section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use

of noxious substances or things to cause harm and intimidate) there is

inserted—

 

 

 
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Revised 21 November 2002