PART 18Mutual Legal Assistance in Criminal Matters
CHAPTER 3Amendment of primary legislation consequential upon amendments made by this Part
Amendment of the Criminal Justice Act 1987I375
1
The Criminal Justice Act 1987 M1 is amended as follows.
2
In section 2 (Director's investigation powers) M2—
a
in subsection (1A), for paragraph (b) substitute—
b
the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received from a person mentioned in section 13(2) of that Act (an “overseas authority”).
b
in subsection (18), omit the definition of “overseas authority”.
3
In section 3(6) (disclosure of information) M3, in paragraph (n), for “the Treaty on European Union or any other” substitute “
a
”
.
Amendment of the Criminal Justice Act 1988I876
In Schedule 13 to the Criminal Justice Act 1988 (evidence before service courts) M4, in paragraph 6 (letters of request etc.), in sub-paragraph (1), omit “, and no order shall be made or validated under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017,”.
Amendment of the Criminal Procedure (Scotland) Act 1995I277
1
The Criminal Procedure (Scotland) Act 1995 M5 is amended as follows.
2
In section 210(1) (consideration of time spent in custody) M6, in paragraph (c), omit “or regulation 20 or 54 of the Criminal Justice (European Investigation Order) Regulations 2017”.
3
In section 267A (citation of witnesses for precognition) M7, omit subsection (1A).
4
In section 272 (evidence by letter of request or on commission) M8, omit subsection (14).
5
In section 273 (television link evidence from abroad) M9, omit subsection (5).
Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995I778
In section 27 of the Criminal Law (Consolidation) Scotland Act 1995 (Lord Advocate's direction) M10, for subsection (2) substitute—
2
The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request made by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this Part of this Act.
Amendment of the Criminal Justice and Police Act 2001I679
1
Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which the additional powers in section 50 of that Act apply) M11 is amended as follows.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Omit paragraph 73R M12.
Amendment of the Criminal Justice Act 2003I480
In section 117 of the Criminal Justice Act 2003 (hearsay evidence: business and other documents) M13, in subsection (4)(b)(iii) omit “an order under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017”.
Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004I181
In article 21 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (hearsay evidence: business and other documents) M14, in paragraph (4)(b)(iii) omit “an order under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017”.
Amendment of the Investigatory Powers Act 2016I582
1
The Investigatory Powers Act 2016 M15 is amended as follows.
2
In section 10 (restriction on requesting assistance under mutual assistance agreements etc.) M16—
a
in subsection (1), omit paragraph (a) and the “and” at the end of that paragraph;
b
in subsection (3), omit the definition of “EU mutual assistance instrument”.
3
In section 15(4) (warrants that may be issued under Chapter 1 of Part 2)—
a
in paragraph (a), omit “an EU mutual assistance instrument or”;
b
in paragraph (b), omit “instrument or”.
4
In section 18(1)(h) (persons who may apply for issue of a warrant), omit “an EU mutual assistance instrument or”.
5
In section 20(3)(a) (grounds on which warrants may be issued by Secretary of State), omit “an EU mutual assistance instrument or”.
6
In section 21(4)(b)(i) (power of Scottish Ministers to issue warrants), omit “an EU mutual assistance instrument or”.
7
In section 40 (special rules for certain mutual assistance warrants)—
a
in subsection (1)(a), omit “an EU mutual assistance instrument or”;
b
in subsections (3)(a) and (5)(a), omit “an EU mutual assistance instrument or” and “(as the case may be)”.
8
In section 60(1) (Part 2: interpretation), omit the definition of “EU mutual assistance instrument”.