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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 5 — Final provisions
Chapter 2 — Miscellaneous

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Part 5

Final provisions

Chapter 1

Amendments and repeals

 90    Amendments and repeals

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     (1)    Schedule 4 (minor and consequential amendments) is to have effect.

     (2)    The enactments set out in Schedule 5 are repealed to the extent specified.

Chapter 2

Miscellaneous

 91    Supplementary and consequential provision

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     (1)    The appropriate Minister may by order made by statutory instrument make—

           (a)           any supplementary, incidental or consequential provision,

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient for the purposes of, in consequence

of or for giving full effect to any provision of this Act.

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     (2)    The appropriate Minister means—

           (a)           in relation to any provision that would, if included in an Act of the

Scottish Parliament, be within the legislative competence of that

Parliament, the Scottish Ministers,

           (b)           in relation to any other provision, the Secretary of State.

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     (3)    The provision which may be made under subsection (1) includes provision

amending or repealing any enactment or instrument.

     (4)    An order under this section may make different provision for different

purposes.

     (5)    A statutory instrument containing an order under this section made by the

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Secretary of State is subject to annulment in pursuance of a resolution of either

House of Parliament.

     (6)    A statutory instrument containing an order under this section made by the

Scottish Ministers is subject to annulment in pursuance of a resolution of the

Scottish Parliament.

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 92    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

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by order made by statutory instrument appoint—

           (a)           sections 37 to 41,

 

 

Crime (International Co-operation) Bill [HL]
Part 5 — Final provisions
Chapter 2 — Miscellaneous

    61

 

           (b)           section 89.

     (3)    An order under this section may make different provision for different

purposes.

 93    Extent

     (1)    Sections 32 to 36 extend only to England and Wales and Northern Ireland.

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     (2)    Sections 37 to 41 extend only to Scotland.

 94    Short title

This Act may be cited as the Crime (International Co-operation) Act 2003.

 

 

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Crime (International Co-operation) Bill [HL]
Schedule 1 — Proceedings of a nominated court under section 15

 

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

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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

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  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.

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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

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              (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.

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          (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.

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          (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.

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Crime (International Co-operation) Bill [HL]
Schedule 2 — Evidence given by television link or telephone
Part 1 — Evidence given by television link

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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

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  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

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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

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  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

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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

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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.

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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 may intervene where it considers it necessary to do so

to safeguard the rights of the witness.

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Crime (International Co-operation) Bill [HL]
Schedule 2 — Evidence given by television link or telephone
Part 2 — Evidence given by telephone

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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

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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

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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

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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-

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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.

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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.

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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.

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  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.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 3 — Offences for the purposes of section 55
Part 1 — Offences where order of disqualification for a minimum period unnecessary

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  17       Rules of court under section 49 must make provision for the use of

interpreters.

Schedule 3

Section 55

 

Offences for the purposes of section 55

Part 1

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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),

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              (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

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(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),

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              (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),

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              (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

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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

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(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).

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

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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

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(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 90

 

Minor and consequential amendments

The Internationally Protected Persons Act 1978 (c. 17)

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  1        The Internationally Protected Persons Act 1978 is amended as follows.

  2        In section 2 (supplementary provisions), in subsections (1) and (2), for “and

the United Nations Personnel Act 1997” there is substituted “, the United

Nations Personnel Act 1997 and the Terrorism Act 2000”.

The Suppression of Terrorism Act 1978 (c. 26)

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  3        The Suppression of Terrorism Act 1978 is amended as follows.

  4        In section 4 (jurisdiction in respect of offences committed outside United

Kingdom), in subsections (4) and (5), for “and the United Nations Personnel

Act 1997” there is substituted “, the United Nations Personnel Act 1997 and

the Terrorism Act 2000”.

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The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))

  5        The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

  6        In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after

“Road Traffic Orders” there is inserted “or Chapter 1 of Part 3 of the Crime

(International Co-operation) Act 2003”.

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The Nuclear Material (Offences) Act 1983 (c. 18)

  7        The Nuclear Material (Offences) Act 1983 is amended as follows.

  8        In section 3 (supplemental), in subsections (1) and (2), for “and the United

Nations Personnel Act 1997” there is substituted “, the United Nations

Personnel Act 1997 and the Terrorism Act 2000”.

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The Child Abduction Act 1984 (c. 37)

  9        The Child Abduction Act 1984 is amended as follows.

  10       In section 11 (consequential amendments and repeals), in subsection (3),

after “the Internationally Protected Persons Act 1978” there is inserted “and

sections 63B(2) and 63C(2) of the Terrorism Act 2000”.

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