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Crime (International Co-operation) Bill [HL]


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

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 31    Hearing witnesses in the UK by telephone

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

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.

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            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

kind to which this section applies.

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     (3)    A request under subsection (1) must—

           (a)           specify the court in the participating country,

           (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.

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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

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(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.

 

 

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

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Chapter 4

Information about banking transactions

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

Ireland for use abroad

 32    Customer information

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     (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.

     (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)    The Secretary of State may—

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

apply, for a customer information order,

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           (b)           direct a senior customs officer to apply, or arrange for a customs officer

to apply, for such an order.

     (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

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

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.

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     (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

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).

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     (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

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

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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

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

40

may be) Northern Ireland, or would do were it to occur there, and

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

 

 

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

    20

 

     (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,

           (d)           a senior customs officer,

           (e)                         a customs officer authorised by a senior customs officer to make the

application.

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 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

order.

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

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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—

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

material particular, or

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           (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.

35

     (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—

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

40

apply, for an account monitoring order,

           (b)           direct a senior customs officer to apply, or arrange for a customs officer

to apply, for such an order.

 

 

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

    21

 

     (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—

           (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,

           (d)           a senior customs officer,

           (e)                         a customs officer authorised by a senior customs officer to make the

application.

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

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

40

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

a participating country into serious criminal conduct.

 

 

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

    22

 

     (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

information order.

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     (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

application.

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     (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

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

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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

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

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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—

           (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 Scotland, or would do were it to

occur in Scotland, 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 sheriff 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 the procurator fiscal.

     (5)    Section 409 of the Proceeds of Crime Act 2002 (jurisdiction of sheriff) has effect

for the purposes of this section as if this section were included in Chapter 3 of

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Part 8 of that Act.

 

 

 
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Revised 4 February 2003