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Crime (International Co-operation) Bill [HL]


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

 63

 

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

    64

 

          (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 is to 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

    65

 

  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 54
Part 1 — Offences where order of disqualification for a minimum period unnecessary

    66

 

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

interpreters.

Schedule 3

Section 54

 

Offences for the purposes of section 54

Part 1

5

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 — Terrorist property: freezing orders

    67

 

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 89

 

Terrorist property: freezing orders

  1        The Terrorism Act 2000 (c. 11) is amended as follows.

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  2        In section 123 (orders and regulations), in subsection (2)(i), for “paragraph”

there is substituted “paragraphs 11A, 25A, 41A and”.

  3        In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after

paragraph 11 there is inserted—

“Domestic and overseas freezing orders

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          11A              (1)               This paragraph has effect for the purposes of paragraphs 11B to

11G.

                           (2)                  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

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orders freezing property or evidence.

                           (3)                  A listed offence means—

                      (a)                     an offence described in a prescribed provision of the

relevant Framework Decision, or

                      (b)                     a prescribed offence or an offence of a prescribed

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description.

                           (4)                  An order under sub-paragraph (3)(b) which, for the purposes of

paragraph 11D, prescribes an offence or a description of offences

may require that the conduct which constitutes the offence or

offences would, if it occurred in a part of the United Kingdom,

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constitute an offence in that part.

                           (5)                  Specified information, in relation to a certificate under paragraph

11B or 11D, means—

                      (a)                     any information required to be given by a prescribed

document annexed to the relevant Framework Decision, or

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                      (b)                     any prescribed information.

                           (6)                  In this paragraph, “prescribed” means prescribed by an order

made by the Secretary of State.

                           (7)                  A participating country means—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Terrorist property: freezing orders

    68

 

                      (a)                     a country other than the United Kingdom which is a

member State on a day appointed for the commencement

of Schedule 4 to the Crime (International Co-operation)

Act 2003, and

                      (b)                     any other member State designated by an order made by

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the Secretary of State.

                           (8)                  “Country” includes territory.

                           (9)                  Section 14(2)(a) applies for the purposes of determining what are

the proceeds of the commission of an offence.

          

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Domestic freezing orders: certification

          11B              (1)               If any of the property to which an application for a restraint order

relates is property in a participating country, the applicant may

ask the High Court to make a certificate under this paragraph.

                           (2)                  The High Court may make a certificate under this paragraph if—

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                      (a)                     it makes a restraint order in relation to property in the

participating country, and

                      (b)                     it is satisfied that there is a good arguable case that the

property is likely to be used for the purposes of a listed

offence or is the proceeds of the commission of a listed

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offence.

                           (3)                  A certificate under this paragraph is a certificate which—

                      (a)                     is made for the purposes of the relevant Framework

Decision, and

                      (b)                     gives the specified information.

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                           (4)                  If the High Court makes a certificate under this paragraph—

                      (a)                     the restraint order must provide for notice of the certificate

to be given to the person affected by it, and

                      (b)                     paragraph 6(2) to (4) applies to the certificate as it apples to

the restraint order.

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Sending domestic freezing orders

          11C                 (1)                  If a certificate is made under paragraph 11B, the restraint order

and the certificate are to be sent to the Secretary of State for

forwarding to—

                      (a)                     a court exercising jurisdiction in the place where the

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property is situated, or

                      (b)                     any authority recognised by the government of the

participating country as the appropriate authority for

receiving orders of that kind.

                           (2)                  The restraint order and the certificate must be accompanied by a

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forfeiture order, unless the certificate indicates when the court

expects a forfeiture order to be sent.

                           (3)                  The certificate must include a translation of it into an appropriate

language of the participating country (if that language is not

English).

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Crime (International Co-operation) Bill [HL]
Schedule 4 — Terrorist property: freezing orders

    69

 

                           (4)                  The certificate must be signed by or on behalf of the court and

must include a statement as to the accuracy of the information

given in it.

                                             The signature may be an electronic signature.

                           (5)                  If the restraint order and the certificate are not accompanied by a

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forfeiture order, but a forfeiture order is subsequently made, it is

to be sent to the Secretary of State for forwarding as mentioned in

sub-paragraph (1).

Overseas freezing orders

          11D              (1)               Paragraph 11E applies where an overseas freezing order made by

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an appropriate court or authority in a participating country is

received by the Secretary of State from the court or authority

which made or confirmed the order.

                           (2)                  An overseas freezing order is an order prohibiting dealing with

property—

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                      (a)                     which is in the United Kingdom,

                      (b)                     which the appropriate court or authority considers is likely

to be used for the purposes of a listed offence or is the

proceeds of the commission of such an offence, and

                      (c)                                             in respect of which an order has been or may be made by a

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court exercising criminal jurisdiction in the participating

country for the forfeiture of the property,

                                             and in respect of which the following requirements of this

paragraph are met.

                           (3)                                    The action which the appropriate court or authority considered

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would constitute or, as the case may be, constituted the listed

offence is action done as an act of terrorism or for the purposes of

terrorism.

                           (4)                  The order must relate to—

                      (a)                                             criminal proceedings instituted in the participating

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country, or

                      (b)                                             a criminal investigation being carried on there.

                           (5)                  The order must be accompanied by a certificate which gives the

specified information; but a certificate may be treated as giving

any specified information which is not given in it if the Secretary

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of State has the information in question.

                           (6)                  The certificate must—

                      (a)                                             be signed by or on behalf of the court or authority which

made or confirmed the order,

                      (b)                                             include a statement as to the accuracy of the information

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given in it,

                      (c)                                             if it is not in English, include a translation of it into English

(or, if appropriate, Welsh).

                                             The signature may be an electronic signature.

                           (7)                  The order must be accompanied by an order made by a court

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exercising criminal jurisdiction in that country for the forfeiture of

 

 

 
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