The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009

Scottish Statutory Instruments

2009 No. 106

CRIMINAL LAW

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009

Made

12th March 2009

Laid before the Scottish Parliament

13th March 2009

Coming into force

4th April 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 51(2)(b) of the Crime (International Co operation) Act 2003(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Crime (International Co operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009 and comes into force on 4th April 2009.

Designation of participating countries

2.  Bulgaria and Romania are designated as participating countries in relation to the following provisions of the Crime (International Co-operation) Act 2003–

(a) section 6 (effecting Scottish citation etc. otherwise than by post);

(b) section 31 (hearing witnesses in the UK by telephone);

(c) section 37 (customer information);

(d) section 40 (account information);

(e) section 43 (information about a person’s bank account);

(f) section 44 (monitoring banking transactions);

(g) section 45 (sending requests for assistance);

(h) section 47 (transfer of UK prisoner to assist investigation abroad);

(i) section 48 (transfer of EU etc. prisoner to assist UK investigation)(2); and

(j) paragraph 15 of Schedule 2 (evidence given by television link or telephone).

3.  Cyprus, The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia are designated as participating countries in relation to the following provisions of the Crime (International Co-operation) Act 2003–

(a) section 6 (effecting Scottish citation etc. otherwise than by post);

(b) section 31 (hearing witnesses in the UK by telephone);

(c) section 47 (transfer of UK prisoner to assist investigation abroad);

(d) section 48 (transfer of EU etc. prisoner to assist UK investigation); and

(e) paragraph 15 of Schedule 2 (evidence given by television link or telephone).

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

12th March 2009

Explanatory Note

(This note is not part of the Order)

Part 1 of the Crime (International Co-operation) Act 2003 (“the 2003 Act”) provides statutory powers pursuant to which the United Kingdom can both seek and provide various forms of mutual legal assistance concerning criminal matters. Some of those statutory powers can, however, only be exercised where the country in question is a “participating country” as defined in section 51(2) of the 2003 Act. Where a country was a Member State of the European Union on the date on which a provision in Part 1 of the 2003 Act is commenced, that country will, by virtue of 51(2)(a), fall to be regarded as a participating country for the purpose of the commenced provision. Where, however, a country was not a Member State on the date on which a provision is commenced, that country must be designated as a participating country, for the purposes of that commenced provision, by an order made under section 51(2)(b).

Those powers which can only be exercised in relation to participating countries include the power for the Lord Advocate to facilitate a witness in the UK giving evidence in overseas proceedings by telephone (section 31 and paragraph 15 of Schedule 2), the power for the Lord Advocate to direct that an application seeking information about banking transactions in Scotland for use abroad must be made (sections 37 and 40), the power for requests to be made to other countries for information about banking transactions for use in the UK (sections 43 to 45), the power for the Scottish Ministers to facilitate the transfer of a UK prisoner to assist in an overseas investigation (section 47), and the power for the Scottish Ministers to enable an overseas prisoner to be transferred to the UK in order to assist with an investigation in this country (section 48). Further, section 6 limits the circumstances in which the Lord Advocate can arrange for criminal process to be served overseas otherwise than by post where the country in question is a participating country.

Article 2 of the Order designates Bulgaria and Romania as participating countries in relation to sections 6, 31, 37, 40, 43, 44, 45, 47 and 48 of, and paragraph 15 of Schedule 2 to the 2003 Act.

Article 3 of the Order designates Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia as participating countries for the purposes of sections 6, 31, 47 and 48 of, and paragraph 15 of Schedule 2 to 2003 Act.

(1)

2003 c. 32.

(2)

Section 48 was amended by paragraph 52 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4).