Crime (International Co-operation) Act 2003

Seized evidence

Evidence seized under the order

Interpretation of Chapter 2

Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001

Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001

Disability and prospective disability

Inspection of overseas information systems

Amendments and repeals

Freezing of terrorist property

Northern Ireland

Service of overseas process

Warrants in England and Wales or Northern Ireland

Warrants in Scotland

Postponed effect

Exercise of powers by others

Application of section 55

71A

• (1) In this Chapter, “the specified agreement on driving disqualifications” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.

• (2) The Secretary of State may only specify an agreement made—

• (a) between the United Kingdom and the Republic of Ireland, and

• (b) for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.

• (3) In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.

Disclosure of information by SFO

False monetary instruments: Scotland

Freezing of terrorist property

SCHEDULE 3A

PART 1 — Offences where order of disqualification for a minimum period unnecessary

1

• (1) Manslaughter by the driver of a motor vehicle.

• (2) “Driver” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)).

2

An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified).

3

An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident).

4

An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))—

• (a) Article 9 (causing death or grievous bodily injury by dangerous driving),

• (b) Article 10 (dangerous driving),

• (c) Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving),

• (d) Article 12 (careless, and inconsiderate, driving),

• (e) Article 12B (causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers),

• (f) Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs),

• (g) Article 15 (driving, or being in charge, when under the influence of drink or drugs),

• (h) Article 16 (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

• (i) Article 17 (failing to provide a specimen of breath for a breath test), or

• (j) Article 18 (failing to provide a specimen for analysis or laboratory test).

5

An offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)) (exceeding speed limit).

PART 2 — Offences where order of disqualification for a minimum period necessary

6

An offence which—

• (a) is mentioned in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)), but

• (b) is not an offence mentioned in Part 1 of this Schedule.

SCHEDULE 3B

PART 1 — Offences where order of disqualification for a minimum period unnecessary

1

An offence arising from—

• (a) reckless or dangerous driving, whether or not resulting in death, injury or serious risk,

• (b) wilful failure to carry out the obligations placed on drivers after being involved in road accidents,

• (c) driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver,

• (d) refusal to submit to alcohol and drug tests,

• (e) driving a vehicle faster than the permitted speed, or

• (f) driving a vehicle while disqualified.

PART 2 — Offences where order of disqualification for a minimum period necessary

2

An offence arising from conduct which is a road traffic offence that is not mentioned in Part 1 of this Schedule.

Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001

Inspection of overseas information systems

False monetary instruments: Scotland

SCHEDULE 1A

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–

SCHEDULE 1B

1

• (1) Details of either or both of the following, including name, contact details (address, e-mail address and telephone number) and any relevant reference number—

• (a) the judicial authority which issued the freezing order;

• (b) the authority competent for the enforcement of the freezing order in the issuing State.

• (2) In the case of any authority specified under sub-paragraph (1)—

• (a) languages in which it is possible to communicate with that authority;

• (b) contact details (including languages in which it is possible to communicate with the person) of the person to contact if additional information on the execution of the order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).

• (3) If different authorities are specified under paragraphs (a) and (b) of sub-paragraph (1)—

• (a) that both of them must be contacted, or

• (b) (if that is not the case) which one must be contacted.

2

Where a central authority has been made responsible for the transmission and administrative reception of freezing orders, details of that authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.

3

The date, purpose and reference number of the freezing order.

4

The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).

5

The following information regarding the evidence in the executing State covered by the freezing order—

• (a) precise description of the evidence;

• (b) exact location of the evidence (or, if not known, the last known location);

• (c) party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).

6

The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) and/or the person to whom the freezing order relates (if available)—

• (a) in the case of natural persons—

• (i) name;

• (ii) forename;

• (iii) other relevant name, if applicable;

• (iv) aliases, where applicable;

• (v) sex;

• (vi) nationality:

• (vii) date of birth;

• (viii) place of birth;

• (xi) residence and/or known address; if address not known, the last known address;

• (x) language which the person understands (if known);

• (b) in the case of legal persons—

• (i) name;

• (ii) form of legal person;

• (iii) registration number;

• (iv) registered seat.

7

• (1) A description of the relevant grounds for the freezing order and a summary of facts as known to the judicial authority issuing the freezing order and certificate.

• (2) Information as to the nature and legal classification of the offence and the applicable statutory provision or code on the basis of which the freezing order was made.

• (3) If the offence is a listed offence by virtue of section 28(5)(a) an indication as to which one or more of the following offences that offence relates to—

• (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;

• (za) trafficking in stolen vehicles;

• (zb) rape;

• (zc) arson;

• (zd) crimes within the jurisdiction of the International Criminal Court;

• (ze) unlawful seizure of aircraft or ships;

• (zf) sabotage.

• (4) A full description of any offence (not covered by sub-paragraph (3)) that is a listed offence by virtue of section 28(5)(b).

8

Details of legal remedies against the freezing order for interested parties, including bona fide third parties, available in the issuing State, including—

• (a) description of the legal remedies available including necessary steps to take;

• (b) court before which the action may be taken;

• (c) information as to those for whom the action is available;

• (d) time limit for submission of the action;

• (e) details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.

SCHEDULE 1B

1

• (1) Details of either or both of the following, including name, contact details (address, e-mail address and telephone number) and any relevant reference number—

• (a) the judicial authority which issued the freezing order,

• (b) the authority competent for the enforcement of the freezing order in the issuing State.

• (2) In the case of any authority specified under sub-paragraph (1)—

• (a) languages in which it is possible to communicate with that authority,

• (b) contact details of the person to contact if additional information on the execution of the freezing order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).

• (3) If different authorities are specified under paragraphs (a) and (b) of sub-paragraph (1) confirmation—

• (a) that both authorities must be contacted, or

• (b) of which authority should be contacted.

2

Where an authority has been made responsible for the transmission and administrative reception of freezing orders (“central authority”) in the issuing State, details of the central authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.

3

The date, purpose and reference number of the freezing order.

4

The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).

5

The following information regarding the evidence in the executing State covered by the freezing order—

• (a) precise description of the evidence,

• (b) exact location of the evidence (or, if not known, the last known location),

• (c) party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).

6

The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) or the person to whom the freezing order relates (if available)—

• (a) in the case of natural persons—

• (i) surname,

• (ii) forename,

• (iii) other relevant name where applicable,

• (iv) aliases, where applicable,

• (v) sex,

• (vi) nationality,

• (vii) date of birth,

• (viii) place of birth,

• (ix) residence or known address/ last known address,

• (x) language which the person understands (if known),

• (b) in the case of legal persons—

• (i) name,

• (ii) form of legal person,

• (iii) registration number (if any),

• (iv) registered seat (if any).

7

The action to be taken by the executing State after executing the freezing order.

8

• (1) A description of the relevant grounds for the freezing order and a summary of facts as known to the judicial authority issuing the freezing order and certificate.

• (2) Information as to the nature and legal classification of the offence and the applicable statutory provision or code on the basis of which the freezing order was made.

• (3) If the offence is a listed offence by virtue of section 28(5)(a), an indication as to which one or more of the offences listed in schedule 1A that offence relates to.

• (4) A full description of any offence (not covered by sub-paragraph (3)) that is a listed offence by virtue of section 28(5)(b).

9

Details of legal remedies against the freezing order for interested parties, including third parties, available in the issuing State, including—

• (a) description of the legal remedies available including necessary steps to take,

• (b) court before which the action may be taken,

• (c) information as to those for whom the action is available,

• (d) time limit for submission of the action,

• (e) details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.