Crime (Overseas Production Orders) Act 2019
| Jurisdiction | UK Non-devolved |
| Citation | 2019 c. 5 |
| Year | 2019 |
(1) A judge may, on an application by an appropriate officer, make an overseas production order against a person in respect of electronic data if each of the requirements for the making of the order is fulfilled (see section 4) .specify the designated international co-operation arrangement by reference to which the application is made, andspecify or describe the electronic data in respect of which the order is sought.(3) An appropriate officer applying for an overseas production order must not specify or describe in the application for the order electronic data that the appropriate officer has reasonable grounds for believing consists of or includes excepted electronic data.requires the person against whom the order is made to produce the electronic data specified or described in the order, orrequires the person against whom the order is made to give access to the electronic data specified or described in the order.relates (in whole or in part) to the provision of mutual assistance in connection with the investigation or prosecution of offences, andis designated by the Secretary of State by regulations.(6) For the purposes of subsection (5) a treaty is a relevant treaty if a Minister of the Crown has laid before Parliament a copy of the treaty under section 20(1) (a) of the Constitutional Reform and Governance Act 2010.(“Treaty” and “Minister of the Crown” have the same meaning for the purposes of this section as they have for the purposes of Part 2 of that Act.) (7) In this Act—
- “appropriate officer” has the meaning given by section 2;
- “electronic data” and “excepted electronic data” have the meanings given by section 3;
- “judge” means—
- (a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;
- (b) in relation to Scotland, a judge of the High Court of Justiciary or the sheriff;
- (c) in relation to Northern Ireland, a Crown Court judge.
- “accredited financial investigator” has the same meaning as in the Proceeds of Crime Act 2002 (see section 3 of that Act) ;
- “counter-terrorism financial investigator” means a person who is accredited—
- (a) by virtue of section 63F(4) (a) of the Terrorism Act 2000 in relation to that Act, or
- (b) by virtue of section 63F(4) (c) of the Terrorism Act 2000 in relation to Schedule 5 or 5A to that Act;
- “Schedule 5A counter-terrorism financial investigator” means a person who is accredited by virtue of section 63F(4) (c) of the Terrorism Act 2000 in relation to Schedule 5A to that Act and not in relation to Schedule 5 to that Act;
- “terrorist financing investigation” has the same meaning as in Part 1 of Schedule 5A to the Terrorism Act 2000 (see paragraph 4 of that Schedule) ;
- “terrorist investigation” has the same meaning as in the Terrorism Act 2000 (see section 32 of that Act) ;
- “terrorist property” has the same meaning as in the Terrorism Act 2000 (see section 14 of that Act) .
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