House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

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

    13

 

           (b)           send a copy of the overseas freezing order to the sheriff and to the

procurator fiscal.

            In relation to Scotland, references below in this section and in sections 22 to 25

to the nominated court are to be read as references to the nominated sheriff.

     (3)    The nominated court is to consider the overseas freezing order on its own

5

initiative within a period prescribed by rules of court.

     (4)    Before giving effect to the overseas freezing order, the nominated court must

give the chief officer of police or (as the case may be) the procurator fiscal an

opportunity to be heard.

     (5)    The court may decide not to give effect to the overseas freezing order only if,

10

in its opinion, one of the following conditions is met.

     (6)    The first condition is that, if the person whose conduct is in question were

charged in the participating country with the offence to which the overseas

freezing order relates, he would be entitled to be discharged under any rule of

law in that country relating to previous acquittal or conviction.

15

     (7)    The second condition is that giving effect to the overseas freezing order would

be incompatible with any of the Convention rights (within the meaning of the

Human Rights Act 1998 (c. 42)).

 22    Giving effect to the order

     (1)    The nominated court is to give effect to the overseas freezing order by issuing

20

a warrant authorising a constable—

           (a)           to enter the premises to which the overseas freezing order relates and

search the premises to the extent reasonably required for the purpose

of discovering any evidence to which the order relates, and

           (b)           to seize and retain any evidence for which he is authorised to search.

25

     (2)    But, in relation to England and Wales and Northern Ireland, so far as the

overseas freezing order relates to excluded material or special procedure

material the court is to give effect to the order by making a production order.

     (3)    A production order is an order for the person who appears to the court to be in

possession of the material to produce it to a constable before the end of the

30

period of seven days beginning with the date of the production order or such

longer period as the production order may specify.

     (4)    The constable may take away any material produced to him under a

production order; and the material is to be treated for the purposes of section

21 of the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)

35

Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989

(S.I. 1989/ 1341 (N.I.12)) (access and copying) as if it had been seized by the

constable.

     (5)    If a person fails to comply with a production order, the court may (whether or

not it deals with the matter as a contempt of court) issue a warrant under

40

subsection (1) in respect of the material to which the production order relates.

     (6)    Section 409 of the Proceeds of Crime Act 2002 (c. 29) (jurisdiction of sheriff) has

effect for the purposes of subsection (1) as if that subsection were included in

Chapter 3 of Part 8 of that Act.

 

 

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

    14

 

 23    Postponed effect

     (1)    The nominated court may postpone giving effect to an overseas freezing order

in respect of any evidence—

           (a)           in order to avoid prejudicing a criminal investigation which is taking

place in the United Kingdom, or

5

           (b)           if, under an order made by a court in criminal proceedings in the

United Kingdom, the evidence may not be removed from the United

Kingdom.

 24    Evidence seized under the order

     (1)    Any evidence seized by or produced to the constable under section 22 is to be

10

retained by him until he is given a notice under subsection (2) or authorised to

release it under section 25.

     (2)           If—

           (a)           the overseas freezing order was accompanied by a request for the

evidence to be sent to a court or authority mentioned in section 13(2), or

15

           (b)           the territorial authority subsequently receives such a request,

            the territorial authority may by notice require the constable to send the

evidence to the court or authority that made the request.

 25    Release of evidence held under the order

     (1)    On an application made by a person mentioned below, the nominated court

20

may authorise the release of any evidence retained by a constable under section

24 if, in its opinion—

           (a)           the condition in section 21(6) or (7) is met, or

           (b)           the overseas freezing order has ceased to have effect in the participating

country.

25

     (2)    In relation to England and Wales and Northern Ireland, the persons are—

           (a)           the chief officer of police to whom a copy of the order was sent,

           (b)           the constable,

           (c)           any other person affected by the order.

     (3)    In relation to Scotland, the persons are—

30

           (a)           the procurator fiscal to whom a copy of the order was sent,

           (b)           any other person affected by the order.

     (4)           If the territorial authority decides not to give a notice under section 24(2) in

respect of any evidence retained by a constable under that section, the

authority must give the constable a notice authorising him to release the

35

evidence.

General

 26    Powers under warrants

     (1)    A court in England and Wales or Northern Ireland, or a justice of the peace,

may not issue a warrant under section 17 or 22 in respect of any evidence

40

unless the court or justice has reasonable grounds for believing that it does not

 

 

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

    15

 

     (1)    consist of or include items subject to legal privilege, excluded material or

special procedure material.

     (2)    Subsection (1) does not prevent a warrant being issued by virtue of section

22(5) in respect of excluded material or special procedure material.

     (3)    In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of

5

seizure), in Part 1 (powers to which the additional powers in section 50

apply)—

           (a)           paragraph 49 is omitted,

           (b)           after paragraph 73A there is inserted—

  “Crime (International Co-operation) Act 2003

10

               73B                      The power of seizure conferred by sections 17 and 22 of the

Crime (International Co-operation) Act 2003 (seizure of

evidence relevant to overseas investigation or offence).”

     (4)    References in this Chapter to evidence seized by a person by virtue of or under

any provision of this Chapter include evidence seized by a person by virtue of

15

section 50 of the Criminal Justice and Police Act 2001 (additional powers of

seizure), if it is seized in the course of a search authorised by a warrant issued

by virtue of or under the provision in question.

     (5)    Subsection (4) does not require any evidence to be sent to the territorial

authority or to any court or authority—

20

           (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, to be property within subsection

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

or

25

           (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.

 27    Exercise of powers by others

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

30

Northern Ireland—

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

terms) under sections 10, 11 and 13 to 26 to be exercisable instead in

prescribed circumstances by the Commissioners of Customs and

Excise,

35

           (b)           for any function conferred on a constable under those sections to be

exercisable instead in prescribed circumstances by a customs officer 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

40

or Northern Ireland—

           (a)           for any function conferred on him under sections 13 to 26 to be

exercisable instead in prescribed circumstances by a prescribed person,

           (b)           for any function conferred on a constable under those sections to be

exercisable instead in prescribed circumstances by a prescribed person.

45

            “Prescribed” means prescribed by the order.

 

 

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

    16

 

     (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—

                    “domestic freezing order” has the meaning given by section 10(2),

5

                    “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)

(Scotland) Act 1995 (c. 39) or the Police and Criminal Evidence

10

(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

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

15

or evidence.

     (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 or (as the case

20

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

     (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

25

Secretary of State, of the relevant Framework Decision , or

           (b)           an offence prescribed or of a description prescribed by such an order.

     (6)    An order prescribing an offence or a description of offences under subsection

(5)(b) may require, in the case of an overseas freezing order, that the conduct

which constitutes the offence or offences would, if it occurred in a part of the

30

United Kingdom, constitute an 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

35

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—

40

           (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.

 

 

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

    17

 

Chapter 3

Hearing evidence through television links or by telephone

 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

5

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

to all criminal proceedings.

     (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

10

proceedings, or to all criminal proceedings.

 30    Hearing witnesses in the UK through television links

     (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

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

15

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

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

20

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.

     (4)    Anything done by the witness in the presence of the nominated court which, if

25

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—

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

30

           (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

common law crime of perjury,

35

            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

given in proceedings in the United Kingdom.

40

     (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.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 4 February 2003