The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022

JurisdictionScotland
CitationSSI 2022/95
Year2022

2022 No. 95

Exiting The European Union

Criminal Law

The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022

Made 16th March 2022

Laid before the Scottish Parliament 18th March 2022

Coming into force 16th May 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20181and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022 and come into force on 16 May 2022.

Amendment of the Crime (International Co-operation) Act 2003

S-2 The Crime (International Co-operation) Act 2003 is amended in...

2. The Crime (International Co-operation) Act 20032is amended in accordance with regulations 3 and 4.

S-3 In section 28 (interpretation of chapter 2)— in subsection (1)—...

3. In section 28 (interpretation of chapter 2)—

(a) in subsection (1)—

(i) after the definition of “domestic freezing order” insert—

“executing State” means the participating country or the part of the United Kingdom in which the property or evidence is located (as the case may be),

“freezing order” means—

(a) a domestic freezing order, or

(b) an overseas freezing order,

“issuing State” means in relation to—

(a) a domestic freezing order, the part of the United Kingdom in which a judicial authority, as defined by the law of the part of the United Kingdom in question, has made that order,”, or

(b) an overseas freezing order, the participating country in which a judicial authority, as defined by the law of that country has made, validated or in any way confirmed the order in the framework of criminal proceedings

”,

(ii) omit the definition of “the relevant Framework Decision”,

(b) in subsection (5)(a), for “Article 3(2) of the relevant Framework Decision” substitute “schedule 1A”,

(c) in subsection (7)(a), for “required to be given by the form of certificate annexed to the relevant Framework Decision” substitute “specified in schedule 1B”.

S-4 After schedule 1 (proceedings of a nominated court under...

4. After schedule 1 (proceedings of a nominated court under section 15), insert—

SCHEDULE 1A

Section 28(5)

Listed offences within section 28(5)(a)

The following offences, as they are defined by the law of the issuing State, and if they are punishable in the issuing State by a custodial sentence of a maximum period of at least three years—

(a) participation in a criminal organisation,

(b) terrorism,

(c) trafficking in human beings,

(d) sexual exploitation of children and child pornography,

(e) illicit trafficking in narcotic drugs and psychotropic substances,

(f) illicit trafficking in weapons, munitions and explosives,

(g) corruption,

(h) fraud,

(i) laundering of the proceeds of crime,

(j) counterfeiting currency,

(k) computer-related crime,

(l) environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,

(m) facilitation of unauthorised entry and residence,

(n) murder or grievous bodily injury,

(o) illicit trade in human organs and tissue,

(p) kidnapping, illegal restraint and hostage-taking,

(q) racism and xenophobia,

(r) organised or armed robbery,

(s) illicit trafficking in cultural goods, including antiques and works of art,

(t) swindling,

(u) racketeering and extortion,

(v) counterfeiting and piracy of products,

(w) forgery of, or trafficking in, administrative documents,

(x) forgery of means of payment,

(y) illicit trafficking in hormonal substances and other growth promoters,

(z) illicit trafficking in nuclear or radioactive materials,

(z1) trafficking in stolen vehicles,

(z2) rape,

(z3) arson,

(z4) crimes within the jurisdiction of the International Criminal Court,

(z5) unlawful seizure of aircraft or ships,

(z6) sabotage.

SCHEDULE 1B

Section 28(7)

Certificate under section 11(4) or 20(5): specified information

(1)(1)...

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