Criminal Justice Act 1988

Letters of request etc. E+W

6 (1) [F1 No application shall be made under [F2 section 7 of the Crime (International Co-operation) Act 2003] in relation to any offence which is or is to be the subject of proceedings before a Service court], but the Secretary of State may by order make provision as to [F3 requests for assistance in obtaining outside the United Kingdom evidence] for such proceedings. E+W

(2) An order under this paragraph may make different provision for different classes of case.

(3) The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to [F4 requests for assistance in obtaining evidence] for proceedings before a Service court.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 13 para. 6(1) substituted (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 31(1), Sch. 4 para. 6(3); S.I. 1991/1072, art. 2(a), Schedule Pt. I

F2 Words in Sch. 13 para. 6(1) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(a)(i); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))

F3 Words in Sch. 13 para. 6(1) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(a)(ii); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))

F4 Words in Sch. 13 para. 6(4) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(b); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))

Modifications etc. (not altering text)

C1 Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)

Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)