The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004

Statutory Instruments

2004 No. 1034

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004

Made

31st March 2004

Laid before Parliament

2nd April 2004

Coming into force

26th April 2004

In exercise of the powers conferred on him by the definition of “designated” in section 7(5) of the Crime (International Co-operation) Act 2003(1), the Secretary of State hereby makes the following Order:

1.  This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 and shall come into force on 26th April 2004.

2.—(1) The prosecuting authorities listed in paragraph (2) are hereby designated for the purposes of section 7(5) of the Crime (International Co-operation) Act 2003.

(2) Those prosecuting authorities are—

• the Attorney General for England and Wales;

• the Attorney General for Northern Ireland;

• the Commissioners of Customs and Excise;

• the Commissioners of Inland Revenue;

• the Director of the Financial Services Authority;

• the Director of Public Prosecutions and any Crown Prosecutor;

• the Director of Public Prosecutions for Northern Ireland;

• the Director of the Serious Fraud Office and any person designated under section 1(7) of the Criminal Justice Act 1987(2); and

• the Secretary of State for Trade and Industry.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

31st March 2004

Explanatory Note

(This note is not part of the Order)

This Order designates prosecuting authorities for the purposes of section 7(5) of the Crime (International Co-operation) Act 2003. Section 7(1) of that Act provides for any judicial authority listed in section 7(4) to issue a request for assistance in obtaining outside the United Kingdom any evidence specified in the request for use in criminal proceedings or investigations in the United Kingdom. Section 7(5) provides that, in relation to England and Wales or Northern Ireland, a designated prosecuting authority may itself request such assistance.

(1)

2003 c. 32.

(2)

1987 c. 38