Crime (International Co-operation) Act 2003 (c. 32)

Part 1 U.K. Mutual assistance in criminal matters

Chapter 6 U.K. Supplementary

51 General interpretation U.K.

(1) In this Part—

• “the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990 (c. 5),

• F1 ...

• “administrative proceedings” means proceedings outside the United Kingdom to which Article 3(1) of [F2 the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959] applies (proceedings brought by administrative authorities in respect of administrative offences where a decision in the proceedings may be the subject of an appeal before a court),

• “chief officer of police”—

  (a)

  in relation to any area in Scotland, means the chief constable [F3 of the Police Service of Scotland ],

  (b)

  in relation to any area in Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland,

• “clemency proceedings” means proceedings in a country outside the United Kingdom, not being proceedings before a court exercising criminal jurisdiction, for the removal or reduction of a penalty imposed on conviction of an offence,

• “country” includes territory,

• “court” includes a tribunal,

• “criminal proceedings” include criminal proceedings outside the United Kingdom in which a civil order may be made,

• “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),

• “evidence” includes information in any form and articles, and giving evidence includes answering a question or producing any information or article,

• F4 ...

• F5 ...

(2) A participating country, in relation to any provision of this Part, means—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any F7 ... country designated by an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers.

(3) In this Part, “process”, in relation to England and Wales and Northern Ireland, means any summons or order issued or made by a court and includes—

(a) any other document issued or made by a court for service on parties or witnesses,

(b) any document issued by a prosecuting authority outside the United Kingdom for the purposes of criminal proceedings.

(4) In this Part, “process”, in relation to service in Scotland, means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b).

Textual Amendments

F1 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(i) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 51(1) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 3 para. 7; S.I. 2020/1662, reg. 2(dd)

F3 Words in s. 51(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 42(3)

F4 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(v) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(vi) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F6 S. 51(2)(a) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(b)(i) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in s. 51(2)(b) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(b)(ii) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 51 in force at 26.3.2004 by S.I. 2004/786, art. 2