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The International Joint Investigation Teams (International Agreements) (EU Exit) Order 2019

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Statutory Instruments

2019 No. 274

Police, England And Wales

The International Joint Investigation Teams (International Agreements) (EU Exit) Order 2019

Made

14th February 2019

Laid before Parliament

18th February 2019

Coming into force

29th March 2019

The Secretary of State makes the following Order in exercise of the powers conferred by sections 88(7)(c) and 89(5)(c) of the Police Act 1996(1).

Citation and commencement

1.  This Order may be cited as the International Joint Investigation Teams (International Agreements) (EU Exit) Order 2019 and comes into force on 29th March 2019.

Specified international agreements

2.  The following international agreements are specified for the purposes of sections 88 and 89 of the Police Act 1996—

(a)the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988(2);

(b)the United Nations Convention against Transnational Organised Crime 2000(3), and

(c)the United Nations Convention against Corruption 2003(4).

Nick Hurd

Minister of State

Home Office

14th February 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, the United Nations Convention against Transnational Organised Crime 2000 and the United Nations Convention against Corruption 2003 for the purposes of sections 88(7)(c) and 89(5)(c) of the Police Act 1996 (c. 16).

Specification under section 88(7)(c) of the Police Act 1996 means that the Chief Constable’s liability in respect of unlawful conduct of constables in the course of their employment extends to joint investigation teams convened under the relevant agreements.

Specification under section 88(7) of the Police Act 1996 also extends the ability to apply for a warrant or order to exercise certain powers contained in Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) and the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341) to members of joint investigation teams convened under the relevant agreements, pursuant to section 16 of the Crime (International Co-operation) Act 2003 (c. 32).

Specification under section 89(5)(c) of the Police Act 1996 means that an assault upon a member of a joint investigation team convened under the relevant agreement will be liable to the penalties set out in that section.

An impact assessment has not been produced for this Order as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.

(1)

1996 c. 16; sections 88(6) to (8) and 89(4) to (6) were inserted by sections 103(1) and 104(1) of the Police Reform Act 2002 (c. 30). Section 88(7) and section 89(5) were amended by S.I. 2012/1809.

(2)

Cmnd. 1927.

(3)

Cmnd. 6852.

(4)

Cmnd. 6854.

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