The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

Statutory Instruments

2009 No. 613

Criminal Law, England And Wales

Criminal Law, Northern Ireland

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

Made

10th March 2009

Laid before Parliament

12th March 2009

Coming into force

3rd April 2009

The Secretary of State, in exercise of the powers conferred upon her by section 51(2)(b) of the Crime (International Co-operation) Act 2003(1) (‘the 2003 Act’), makes the following Order:

1.  This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009 and shall come into force on the 3rd April 2009.

2.  This Order extends to England and Wales and Northern Ireland.

3.  Bulgaria and Romania are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 4, 4B(2), 31, 32, 35, 43, 44, 45, 47 and 48 of, and paragraph 15 of Schedule 2 to, that Act.

4.  Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia are designated as participating countries under section 51(2)(b) of the 2003 Act for the purposes of sections 4, 4B, 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, that Act.

Lord West of Spithead

Parliamentary Under Secretary of State

Home Office

10th March 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Part 1 of the Crime (International Co-operation) Act 2003 (‘the 2003 Act’) provides statutory powers pursuant to which the United Kingdom can both seek and provide various forms of mutual legal assistance concerning criminal matters. Some of those statutory powers can, however, only be exercised where the country in question is a ‘participating country’ as defined in section 51(2) of the 2003 Act. Where a country is a Member State of the European Union on the date on which a provision is commenced, that country will, by virtue of 51(2)(a), fall to be regarded as a participating country for the purpose of the commenced provision. Where, however, a country is not a Member State on the date on which a provision is commenced, that country must be designated as a participating state under an order made under section 51(2)(b) in order to be regarded as a participating country for the purpose of the commenced provision.

Those powers which can only be exercised in relation to participating countries include the power for the Secretary of State to facilitate a witness in the UK giving evidence in overseas proceedings by telephone (section 31 of, and paragraph 15 of Schedule 2 to, the 2003 Act), the power for the Secretary of State to direct that an application seeking information about banking transactions in England and Wales and Northern for use abroad be made (sections 32 and 35), the power for requests to be made to other countries for information about banking transactions for use in the UK (sections 43 to 45), the power for the Secretary of State to facilitate the transfer of a UK prisoner to a participating country to assist in an investigation (section 47), and the power for the Secretary of State to enable an overseas prisoner to be transferred to the UK in order to assist with an investigation (section 48). Sections 4 and 4B (which was inserted into the 2003 Act by section 331 of, and paragraph 16 of Schedule 36 to, the Criminal Justice Act 2003) also place limits on the circumstances in which the Secretary of State can arrange for criminal process to be served overseas otherwise than by post where the country in question is a participating country.

Paragraph 3 of this Order designates Bulgaria and Romania as participating countries for the purposes of sections 4, 4B, 31, 32, 35, 43, 44, 45, 47 and 48 of, and paragraph 15 of Schedule 2 to, the 2003 Act.

Paragraph 4 of this Order designates Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia as participating countries for the purposes of sections 4, 4B, 31, 47 and 48 of, and paragraph 15 of Schedule 2 to, the 2003 Act.

(1)

2003 c.32.

(2)

Section 4B was inserted into the 2003 Act by section 331 of, and paragraph 16 of Schedule 36 to, the Criminal Justice Act 2003 (c.44).