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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050425.html

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STATUTORY INSTRUMENTS

2005 No. 425

CUSTOMS AND EXCISE, ENGLAND AND WALES

CUSTOMS AND EXCISE, NORTHERN IRELAND

The Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005

  Made 1st March 2005 
  Laid before Parliament 2nd March 2005 
  Coming into force 23rd March 2005 

The Treasury, in exercise of the powers conferred upon them by section 27(1) of the Crime (International Co-operation) Act 2003[1], hereby make the following Order:



PART 1

GENERAL

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 and shall come into force on 23rd March 2005.

    (2) This Order extends to England and Wales and Northern Ireland.

Interpretation
     2.  - (1) In this Order - 

    (2) Any reference to a section or subsection in articles 3 to 12 is a reference to a section or subsection of the Act.



PART 2

FUNCTIONS OF THE COMMISSIONERS

Functions exercisable by the Commissioners
     3. Any of the functions conferred on the Secretary of State (including functions conferred on him as the territorial authority in relation to evidence in England and Wales or Northern Ireland) under - 

may be exercised by the Commissioners instead of the Secretary of State where the circumstances mentioned in articles 4 to 8 below occur; and for the purposes of this Order a reference to the Secretary of State in those sections or that paragraph shall be taken to include the Commissioners.

Requests for assistance from overseas authorities
     4.  - (1) The Commissioners may exercise the function under section 13 of arranging for evidence in England and Wales or Northern Ireland to be obtained under section 15 where - 

    (2) For the purpose of making a decision about a request for assistance the Commissioners must exercise the functions in section 14.

Directing that a search warrant be applied for
     5. The Commissioners may exercise the function under section 13 of directing that a search warrant be applied for under or by virtue of section 16 or 17 where a request for assistance has been made wholly or mainly in connection with a relevant offence.

Nominating a court etc to receive evidence
     6. The Commissioners may exercise the function under section 15 of nominating a court to receive any evidence to which a request for assistance relates, where the request for assistance has been made wholly or mainly in connection with a relevant offence.

Forwarding seized evidence
     7. The Commissioners may exercise the function under section 19 of forwarding evidence to the court or authority which made a request for assistance where that evidence has been sent to them by a customs officer under section 17 for such forwarding.

Forwarding evidence
     8. The Commissioners may exercise the function under paragraph 6 of Schedule 1 to the Act of forwarding evidence to the court or authority which made a request for assistance where the evidence has been received by the court nominated by the Commissioners under section 15.



PART 3

FUNCTIONS OF A CUSTOMS OFFICER

Extension of statutory search powers
     9. Any function conferred on a constable by virtue of section 16 in relation to a warrant or order under section 8 of, or Schedule 1 to the Police and Criminal Evidence Act 1984[2] may be exercised by a customs officer instead of a constable where - 

Applying for and executing a search warrant
     10. Any function conferred on a constable under section 17 (applying for and executing a search warrant) may be exercised by a customs officer instead of a constable where the Commissioners have given a direction under section 13 that an application be made for a search warrant.

Sending seized evidence
     11. Any function conferred under section 19 (sending seized evidence) on a constable in England and Wales or Northern Ireland must be exercised by a customs officer instead of a constable where the evidence has been seized by a customs officer under - 

References
     12. For the purposes of this Order any reference to a constable in sections 16, 17 or 19 shall be taken to include a customs officer.

Revocation
     13. The Criminal Justice (International Co-operation) Act 1990 (Exercise of Powers) Order 1991[3] is hereby revoked.


Nick Ainger

Jim Murphy
Two of the Lords Commissioners HM Treasury

1st March 2005


EXPLANATORY NOTE

(This note is not part of the Order)


This Order, which extends to England and Wales and Northern Ireland and comes into force on 23rd March 2005, enables the Commissioners of Customs and Excise and customs officers to exercise certain functions under the Crime (International Co-operation) Act 2003.

Article 3 of the Order provides that the functions conferred on the Secretary of State under sections 13, 14, 15 and 19 of, and paragraph 6 of Schedule 1 to the 2003 Act may be exercised by the Commissioners in certain circumstances.

Under those provisions the Commissioners may assist any court exercising criminal jurisdiction, or a prosecuting authority, outside the United Kingdom and certain other foreign or international authorities in arranging for evidence to be obtained (section 13). The Commissioners may arrange for such evidence to be obtained if it is being obtained in connection with criminal proceedings or an investigation outside the United Kingdom (section 14). They may nominate a court to receive such evidence (section 15). As part of that assistance the Commissioners may direct that an application be made for a search warrant (section 13).

Articles 4 to 6 set out the circumstances in which those functions may be exercised by the Commissioners, namely where the request for assistance relates to an overseas offence which, if committed in England and Wales or Northern Ireland, would be an offence relating to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979.

Articles 7 and 8 enable the Commissioners to forward directly to the overseas authority any evidence seized under sections 16 or 17 of the 2003 Act, and any evidence received by the nominated court (section 19, and Schedule 1, paragraph 6).

Articles 9 to 11 provide that the functions conferred on a constable may be exercised by a customs officer (and any person acting under the direction of a customs officer) in certain circumstances. Article 9 enables a customs officer to exercise the powers under section 8 of, or Schedule 1 to the Police and Criminal Evidence Act 1984 as extended to offences outside the United Kingdom. He may exercise those powers where the Commissioners have given a direction under section 13 of the 2003 Act or if he is a member of an international joint investigation team investigating an overseas offence which, if committed in England and Wales or Northern Ireland, would be an offence relating to an assigned matter.

Article 10 enables a customs officer to apply for and execute a search warrant where the Commissioners have given a direction under section 13 of the 2003 Act.

Article 11 requires a customs officer to forward seized evidence to the court or authority which made the request for assistance or to the Commissioners for forwarding to the court or authority.

Article 13 revokes The Criminal Justice (International Co-operation) Act 1990 (Exercise of Powers) Order 1991.

Notes:

 [1] 2003 c.32.back

[2] 1984 c. 60. There is an amendment to section 8 not relevant to this Order. Schedule 1, paragraph 5 has been amended by Schedule 2, paragraph 14 to the Criminal Justice and Police Act 2001 (c.16).back

[3] S.I. 1991/1297.back


ISBN 0 11 072352 X


 © Crown copyright 2005

Prepared 17 March 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050425.html