Part 1

Mutual assistance in criminal matters
Chapter 2

Mutual provision of evidence

Assisting overseas authorities to obtain evidence in the UK

Extension of statutory search powers in England and Wales and Northern Ireland
16
1
Part 2 of the Police and Criminal Evidence Act 1984 (c. 60)
(powers of entry, search and seizure) is to have effect as if references to indictable offences in section 8 of, and Schedule 1 to, that Act included any conduct which—
a
constitutes an offence under the law of a country outside the United Kingdom, and
b
would, if it occurred in England and Wales, constitute an indictable offence .
2
But an application for a warrant or order by virtue of subsection (1) may be made only—
a
in pursuance of a direction given under section 13, or
b
if it is an application for a warrant or order under section 8 of, or Schedule 1 to, that Act by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.
3
Part 3 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I.12))
(powers of entry, search and seizure) is to have effect as if references to serious arrestable offences indictable offences in Article 10 of, and Schedule 1 to, that Order included any conduct which—
a
constitutes an offence under the law of a country outside the United Kingdom, and
b
would, if it occurred in Northern Ireland, constitute a serious arrestable offence an indictable offence .
4
But an application for a warrant or order by virtue of subsection (3) may be made only—
a
in pursuance of a direction given under section 13, or
b
if it is an application for a warrant or order under Article 10 of, or Schedule 1 to, that Order, by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.
5
In this section, “international joint investigation team” has the meaning given by section 88(7) of the Police Act 1996 (c. 16).
S. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3
Words in s. 16(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 51(2)(b); S.I. 2005/3495, art. 2(1)(m)
Words in s. 16(3)(b) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 37(1)(b)
Words in s. 16(3) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 37(1)(a)
S. 16 functions of a constable made exercisable by a customs officer (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), 9, 12
Words in s. 16(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 51(2)(a); S.I. 2005/3495, art. 2(1)(m)