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Criminal Law Legislation Update

Document Cited authorities 13 Cited in Related
Vincent
DOI10.1350/jcla.68.4.269.36525
Published date01 August 2004
Date01 August 2004
Subject MatterArticle
JCL 68(4).doc..Legislation Update .. Page269
Criminal Law Legislation
Update*
Sally Louise Ireland†
Statutory instruments
● The Crime (International Co-operation) Act 2003 (Com-
mencement No. 1) Order 2004 (SI 2004 No. 786) brought ss
49–51 of the 2003 Act into force on 26 March 2004. These
sections are enabling provisions allowing rules of court and sec-
ondary legislation to be made under the Act plus a general
interpretation section.
In addition, the Order brings other provisions of the 2003 Act into force
on 26 April 2004, including ss 1–9, 13–19 (together with Sched. 1), ss
26–31 (together with Sched. 2), ss 47–48, 52 and 53, 80–85, 88, and 91,
Sched. 5 (paras 1–4, 7–16, 38–44, 61–71 and 75–83) and various repeals
under Sched. 6.
These provisions cover service of overseas process on persons in the
UK, service of UK process abroad (including Scottish citation), judicial
requests for assistance in obtaining evidence that is outside the UK for
use in UK proceedings or investigations, and the use of such evidence
once obtained. They also cover requests for assistance by authorities
outside the UK to obtain evidence inside the UK, powers to arrange for
such evidence to be obtained, and the nominating of a court, etc. to
receive the evidence.
Section 16 extends entry, search and seizure powers under Part 2 of
PACE by deeming that references to serious arrestable offences in s. 8
and Sched. 1 of PACE include offences in countries outside the UK that
would be serious arrestable offences in the UK. However, the section
limits the circumstances in which an application for a warrant or order
may be made. Similar provisions apply to Northern Ireland. The criteria
for issuing warrants, and the procedure for dealing with seized evidence,
are set out in subsequent sections, in addition to powers under
warrants.
Sections 29–31 deal with hearing witnesses abroad by television link,
allowing the Secretary of State to extend the categories of proceedings
where this can take place, and with hearing witnesses in the UK by
television link or by telephone.
Sections 47 and 48 deal with the transfer of UK...

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