Explanatory Notes

Crime (International Co-operation) Act 2003

2003 CHAPTER 32

30 October 2003

Commentary on Sections

Part 1: Mutual Assistance in Criminal Matters

Chapter 4: Information about Banking Transactions
Section 45: Sending requests for assistance

104.This section provides that, in general, requests for assistance under sections 43 or 44, must be transmitted via the Secretary of State – (in Scotland, the Lord Advocate) - in contrast to the direct transmission provision introduced by section 8. This is to enable the central authority to monitor these requests, to ensure that the detailed requirements of the 2001 Protocol are met and to assess how extensively the new powers are used. It can also monitor responses to requests. The central authority will monitor incoming requests in the same way. However, in cases of urgency, a request may be sent directly to a court in the area where the information is to be obtained.