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The Criminal Justice (European Investigation Order) Regulations 2017

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Changes over time for: Paragraph 3

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Version Superseded: 31/12/2020

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Point in time view as at 31/07/2017. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Criminal Justice (European Investigation Order) Regulations 2017, Paragraph 3. Help about Changes to Legislation

Amendment of the Criminal Procedure (Scotland) Act 1995U.K.

This section has no associated Explanatory Memorandum

3.—(1) The Criminal Procedure (Scotland) Act 1995(1) is amended as follows.

(2) In section 210 (consideration of time spent in custody), in paragraph (c) of subsection (1), after “section 47(1) of the Crime (International Co-operation) Act 2003”, insert “ or regulation 20 or 54 of the Criminal Justice (European Investigation Order) Regulations 2017”.

(3) In section 267A (citation of witnesses for precognition), after subsection (1) insert—

(1A) Subsection (1) extends to citation for precognition by the prosecutor where a European investigation order having effect by virtue of Part 3 of the Criminal Justice (European Investigation Order) Regulations 2017 contains a request for a person in Scotland to be heard under regulations 35 to 37 of those Regulations..

(4) In section 272 (evidence by letter of request or on commission)(2), after subsection (13) insert—

(14) This section does not apply to a witness who or evidence that is the subject of a European investigation order made under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017..

(5) In section 273 (television link evidence from abroad)(3), after subsection (4) insert—

(5) This section does not apply to a witness who or evidence that is the subject of a European investigation order made under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017..

Commencement Information

I1Sch. 3 para. 3 in force at 31.7.2017, see reg. 1(1)

(2)

Section 272 was amended by section 35(4) of the Criminal Proceedings etc. (Reform) (Scotland) 2007 asp 6.

(3)

Section 273 was amended by section 91(2) of the Criminal Justice and Licensing (Scotland) Act 2010 asp 13.

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