The Criminal Justice (European Investigation Order) Regulations 2017
PART 1General
1Citation, commencement and extent
2General Interpretation
3Transitional provisions
4Consequential amendments
PART 2Making or validating a European investigation order in the United Kingdom
CHAPTER 1General
5Interpretation
6Power of a judicial authority to make a European investigation order
7Power of a designated public prosecutor to make or validate a European investigation order
8Form and content of a European investigation order
9Transmission of a European investigation order
10Variation or revocation of a European investigation order
11Meaning of “under the same conditions in a similar domestic case”
12Use of evidence obtained under this Part
CHAPTER 2Additional requirements for certain investigative measures
13Interpretation and relationship to Chapter 1
14Hearing a person by videoconference or telephone
15Banking and other financial information
16Investigative measures requiring the gathering of evidence in real time, continuously and over a certain period of time
17Covert investigations
18Provisional measures
19Interception of telecommunications where technical assistance is needed
CHAPTER 3Making a European investigation order for the temporary transfer of a prisoner
20Temporary transfer of UK prisoner to a participating State for the purpose of UK investigation
21Temporary transfer of EU prisoner to the UK for the purpose of UK investigation or proceedings
22European investigation order for the temporary transfer of a prisoner
23Restrictions on prosecution and detention for other matters
24Time spent by UK prisoner in custody overseas
PART 3Recognition and execution in the United Kingdom of a European investigation order made in a participating State
CHAPTER 1General
25Interpretation
CHAPTER 2General provisions relating to the recognition and execution of a European investigation order
26Recognition of a European investigation order
27Sufficiency of information
28Grounds for refusal of recognition or execution
29Postponement of recognition or execution
30Time limits for recognition and execution
31Transfer of evidence to the issuing State
32European investigation orders relating to HMRC matters
33European investigation orders relating to customs matters
34Request by an authority of the issuing State to assist in the execution of a European investigation order
CHAPTER 3Execution of a European investigation order relating to witness evidence and hearings
35Nominating a court to receive evidence from a person
36Hearing a person through videoconference or other audio visual transmission
37Hearing a person by telephone conference
CHAPTER 4Execution of a European investigation order by means of a search warrant etc.
38Search warrants and production orders: nominating a court
39Search warrants and production orders: giving effect to the European investigation order
40Evidence seized under a search warrant or production order
41Power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced
CHAPTER 5Execution of a European investigation order by means of a customer information order or an account monitoring order
42Interpretation
43Nominating a court to make a customer information order or an account monitoring order
44Court’s power to make a customer information order
45Court’s power to make an account monitoring order
46Grounds for refusing to make a customer information order or an account monitoring order
47Postponement
48Power to vary or revoke customer information and account monitoring orders
49Offences in relation to customer information orders
50Offence of disclosure
CHAPTER 6Referral to an executing authority for assistance in execution of a European investigation order
51Referral to executing authorities
52Lord Advocate’s direction in relation to serious or complex fraud
CHAPTER 7Recognition and execution of a European investigation order for the temporary transfer of a prisoner
53Temporary transfer of prisoners
54Temporary transfer of UK prisoner to issuing State for the purpose of issuing State’s investigation or proceedings
55Temporary transfer of EU prisoner to UK for the purpose of issuing State’s investigation
56Restrictions on prosecution and detention for other matters
57Time spent by UK prisoner in custody overseas
PART 4Miscellaneous
58Interception of telecommunications where no technical assistance is needed
59Designation of the Directive for the purposes of the Investigatory Powers Act 2016
60UK authority’s duty to reimburse participating State for compensation paid
61Rules of court
SCHEDULES
SCHEDULE 1Designated prosecutors, investigating authorities and executing authorities
PART 1Designated public prosecutors
PART 2Other designated prosecutors
PART 3Designated investigating authorities
PART 4Designated executing authorities
SCHEDULE 2Participating States
SCHEDULE 3Consequential amendments
PART 1Amendments to Acts
1Amendment of the Criminal Justice Act 1987
2Amendment of the Criminal Justice Act 1988
3Amendment of the Criminal Procedure (Scotland) Act 1995
4Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995
5Amendment of the Regulation of Investigatory Powers Act 2000
6Amendment of the Criminal Justice and Police Act 2001
7Amendment of the Crime (International Co-operation) Act 2003
8Amendment of the Criminal Justice Act 2003
9Amendment of the Investigatory Powers Act 2016
PART 2Amendments to subordinate legislation
10Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004
11Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009
12Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009
13Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009
14Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010
SCHEDULE 4General grounds for refusal
1The execution of the European investigation order would be impossible...
2The execution of the European investigation order would harm essential...
3An investigative measure specified in the European investigation order would...
4The execution of the European investigation order would be contrary...
5The European investigation order relates to conduct which is alleged...
6There are substantial grounds for believing that executing the European...
7There are substantial grounds for believing that—
SCHEDULE 5Receiving evidence before a nominated court
1In this Schedule, “nominated court” means a court nominated under...
2The nominated court has the same powers for securing the...
3In Scotland the nominated court has the power to issue...
4The nominated court may take evidence on oath.
5Rules of court may, in particular, make provision in respect...
6(1) A person cannot be compelled to give any evidence—...
7The evidence received by the nominated court is to be...
8So far as may be necessary to give effect to...
9The Bankers’ Books Evidence Act 1879 applies to proceedings under...
10No order for costs (or in Scotland, expenses) may be...
SCHEDULE 6Hearing a person by video-link or telephone conference
PART 1Hearing by video-link
1In this Part— “nominated court” means a court nominated under...
2The nominated court has the same powers for securing the...
3In Scotland the nominated court has the power to issue...
4The nominated court must establish the identity of the person...
5The person must be heard— (a) in the presence of...
6The nominated court must intervene where it considers it necessary...
7A person cannot be compelled to give any evidence—
8A certificate signed by or on behalf of the Secretary...
9Rules of court must make provision for—
PART 2Hearing by telephone conference
10In this Part, “nominated court” means a court nominated under...
11The nominated court must notify the witness or expert of...
12The nominated court must— (a) establish the identity of the...
13The witness or expert must be heard—
14Rules of court must make provision for—

2017 No. 730

Criminal Law

The Criminal Justice (European Investigation Order) Regulations 2017

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to criminal justice2, makes the following Regulations in exercise of the powers conferred by that section and by section 10(3) of the Investigatory Powers Act 20163.