The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2012

Statutory Instruments

2012 No. 146

Criminal Law, England And Wales

Criminal Law, Northern Ireland

The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2012

Made

22nd January 2012

Laid before Parliament

25th January 2012

Coming into force

20th February 2012

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

1.  This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2012 and shall come into force on 20th February 2012.

2.—(1) Article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004(2) is amended as follows.

(2) After “the Director of the Serious Fraud Office and any person designated under section 1(7) of the Criminal Justice Act 1987(3);” delete “and” and insert the following entry–

“the Environment Agency;”.

(3) After “the Secretary of State for Business and Skills” replace “.” with “;” and insert the following entries—

“the Secretary of State for Health;

the Secretary of State for Transport; and

the Secretary of State for Work and Pensions.”.

Damian Green

Minister of State

Home Office

22nd January 2012

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 (‘the 2004 Order’) designates certain prosecuting authorities for the purposes of section 7(5) of the Crime (International Co-operation) Act 2003 (‘the 2003 Act’). Prosecuting authorities designated for the purposes of section 7(5) of the 2003 Act can issue requests for assistance in obtaining evidence from outside the United Kingdom for use in connection with criminal investigations or proceedings in the United Kingdom, without needing to make an application to a judicial authority under section 7(1) of the 2003 Act.

This Order amends the list of designated prosecuting authorities in Article 2(2) of the 2004 Order by inserting references to the Environment Agency, the Secretary of State for Health, the Secretary of State for Transport and the Secretary of State for Work and Pensions.

(1)

2003 c.32.

(2)

S.I. 2004/1034, amended by S.I. 2004/1747, S.I. 2005/1130 and S.I. 2009/2748.

(3)

1987 c.38.