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The Criminal Justice (European Investigation Order) Regulations 2017

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.General Interpretation

    3. 3.Transitional provisions

    4. 4.Consequential amendments

  3. PART 2 Making or validating a European investigation order in the United Kingdom

    1. CHAPTER 1 General

      1. 5.Interpretation

      2. 6.Power of a judicial authority to make a European investigation order

      3. 7.Power of a designated public prosecutor to make or validate a European investigation order

      4. 8.Form and content of a European investigation order

      5. 9.Transmission of a European investigation order

      6. 10.Variation or revocation of a European investigation order

      7. 11.Meaning of “under the same conditions in a similar domestic case”

      8. 12.Use of evidence obtained under this Part

    2. CHAPTER 2 Additional requirements for certain investigative measures

      1. 13.Interpretation and relationship to Chapter 1

      2. 14.Hearing a person by videoconference or telephone

      3. 15.Banking and other financial information

      4. 16.Investigative measures requiring the gathering of evidence in real time, continuously and over a certain period of time

      5. 17.Covert investigations

      6. 18.Provisional measures

      7. 19.Interception of telecommunications where technical assistance is needed

    3. CHAPTER 3 Making a European investigation order for the temporary transfer of a prisoner

      1. 20.Temporary transfer of UK prisoner to a participating State for the purpose of UK investigation

      2. 21.Temporary transfer of EU prisoner to the UK for the purpose of UK investigation or proceedings

      3. 22.European investigation order for the temporary transfer of a prisoner

      4. 23.Restrictions on prosecution and detention for other matters

      5. 24.Time spent by UK prisoner in custody overseas

  4. PART 3 Recognition and execution in the United Kingdom of a European investigation order made in a participating State

    1. CHAPTER 1 General

      1. 25.Interpretation

    2. CHAPTER 2 General provisions relating to the recognition and execution of a European investigation order

      1. 26.Recognition of a European investigation order

      2. 27.Sufficiency of information

      3. 28.Grounds for refusal of recognition or execution

      4. 29.Postponement of recognition or execution

      5. 30.Time limits for recognition and execution

      6. 31.Transfer of evidence to the issuing State

      7. 32.European investigation orders relating to HMRC matters

      8. 33.European investigation orders relating to customs matters

      9. 34.Request by an authority of the issuing State to assist in the execution of a European investigation order

    3. CHAPTER 3 Execution of a European investigation order relating to witness evidence and hearings

      1. 35.Nominating a court to receive evidence from a person

      2. 36.Hearing a person through videoconference or other audio visual transmission

      3. 37.Hearing a person by telephone conference

    4. CHAPTER 4 Execution of a European investigation order by means of a search warrant etc.

      1. 38.Search warrants and production orders: nominating a court

      2. 39.Search warrants and production orders: giving effect to the European investigation order

      3. 40.Evidence seized under a search warrant or production order

      4. 41.Power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced

    5. CHAPTER 5 Execution of a European investigation order by means of a customer information order or an account monitoring order

      1. 42.Interpretation

      2. 43.Nominating a court to make a customer information order or an account monitoring order

      3. 44.Court’s power to make a customer information order

      4. 45.Court’s power to make an account monitoring order

      5. 46.Grounds for refusing to make a customer information order or an account monitoring order

      6. 47.Postponement

      7. 48.Power to vary or revoke customer information and account monitoring orders

      8. 49.Offences in relation to customer information orders

      9. 50.Offence of disclosure

    6. CHAPTER 6 Referral to an executing authority for assistance in execution of a European investigation order

      1. 51.Referral to executing authorities

      2. 52.Lord Advocate’s direction in relation to serious or complex fraud

    7. CHAPTER 7 Recognition and execution of a European investigation order for the temporary transfer of a prisoner

      1. 53.Temporary transfer of prisoners

      2. 54.Temporary transfer of UK prisoner to issuing State for the purpose of issuing State’s investigation or proceedings

      3. 55.Temporary transfer of EU prisoner to UK for the purpose of issuing State’s investigation

      4. 56.Restrictions on prosecution and detention for other matters

      5. 57.Time spent by UK prisoner in custody overseas

  5. PART 4 Miscellaneous

    1. 58.Interception of telecommunications where no technical assistance is needed

    2. 59.Designation of the Directive for the purposes of the Investigatory Powers Act 2016

    3. 60.UK authority’s duty to reimburse participating State for compensation paid

    4. 61.Rules of court

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      Designated prosecutors, investigating authorities and executing authorities

      1. PART 1 Designated public prosecutors

      2. PART 2 Other designated prosecutors

      3. PART 3 Designated investigating authorities

      4. PART 4 Designated executing authorities

    2. SCHEDULE 2

      Participating States

    3. SCHEDULE 3

      Consequential amendments

      1. PART 1 Amendments to Acts

        1. 1.Amendment of the Criminal Justice Act 1987

        2. 2.Amendment of the Criminal Justice Act 1988

        3. 3.Amendment of the Criminal Procedure (Scotland) Act 1995

        4. 4.Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995

        5. 5.Amendment of the Regulation of Investigatory Powers Act 2000

        6. 6.Amendment of the Criminal Justice and Police Act 2001

        7. 7.Amendment of the Crime (International Co-operation) Act 2003

        8. 8.Amendment of the Criminal Justice Act 2003

        9. 9.Amendment of the Investigatory Powers Act 2016

      2. PART 2 Amendments to subordinate legislation

        1. 10.Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004

        2. 11.Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

        3. 12.Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009

        4. 13.Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009

        5. 14.Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010

    4. SCHEDULE 4

      General grounds for refusal

      1. 1.The execution of the European investigation order would be impossible...

      2. 2.The execution of the European investigation order would harm essential...

      3. 3.An investigative measure specified in the European investigation order would...

      4. 4.The execution of the European investigation order would be contrary...

      5. 5.The European investigation order relates to conduct which is alleged...

      6. 6.There are substantial grounds for believing that executing the European...

      7. 7.There are substantial grounds for believing that—

    5. SCHEDULE 5

      Receiving evidence before a nominated court

      1. 1.In this Schedule, “nominated court” means a court nominated under...

      2. 2.The nominated court has the same powers for securing the...

      3. 3.In Scotland the nominated court has the power to issue...

      4. 4.The nominated court may take evidence on oath.

      5. 5.Rules of court may, in particular, make provision in respect...

      6. 6.(1) A person cannot be compelled to give any evidence—...

      7. 7.The evidence received by the nominated court is to be...

      8. 8.So far as may be necessary to give effect to...

      9. 9.The Bankers’ Books Evidence Act 1879 applies to proceedings under...

      10. 10.No order for costs (or in Scotland, expenses) may be...

    6. SCHEDULE 6

      Hearing a person by video-link or telephone conference

      1. PART 1 Hearing by video-link

        1. 1.In this Part— “nominated court” means a court nominated under...

        2. 2.The nominated court has the same powers for securing the...

        3. 3.In Scotland the nominated court has the power to issue...

        4. 4.The nominated court must establish the identity of the person...

        5. 5.The person must be heard— (a) in the presence of...

        6. 6.The nominated court must intervene where it considers it necessary...

        7. 7.A person cannot be compelled to give any evidence—

        8. 8.A certificate signed by or on behalf of the Secretary...

        9. 9.Rules of court must make provision for—

      2. PART 2 Hearing by telephone conference

        1. 10.In this Part, “nominated court” means a court nominated under...

        2. 11.The nominated court must notify the witness or expert of...

        3. 12.The nominated court must— (a) establish the identity of the...

        4. 13.The witness or expert must be heard—

        5. 14.Rules of court must make provision for—

  8. Explanatory Note

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