Criminal Justice (International Co-operation) Act 1990

4 United Kingdom evidence for use overseas. U.K.

(1) This section has effect where the Secretary of State receives—

(a) from a court or tribunal exercising criminal jurisdiction in a country or territory outside the United Kingdom or a prosecuting authority in such a country or territory; or

(b) from any other authority in such a country or territory which appears to him to have the function of making requests of the kind to which this section applies,

a request for assistance in obtaining evidence in the United Kingdom in connection with criminal proceedings that have been instituted, or a criminal investigation that is being carried on, in that country or territory.

(2) If the Secretary of State or, if the evidence is to be obtained in Scotland, the Lord Advocate is satisfied—

(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and

(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,

he may, if he thinks fit, by a notice in writing nominate a court in England, Wales or Northern Ireland or, as the case may be, Scotland to receive such of the evidence to which the request relates as may appear to the court to be appropriate for the purpose of giving effect to the request.

[F1 (2A) Except where the evidence is to be obtained as is mentioned in subsection (2B) below, if the Secretary of State is satisfied—

(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and

(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,

and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, refer the request or any part of the request to the Director of the Serious Fraud Office for him to obtain such of the evidence to which the request or part referred relates as may appear to the Director to be appropriate for giving effect to the request or part referred.

(2B) Where the evidence is to be obtained in Scotland, if the Lord Advocate is satisfied as to the matters mentioned in paragraphs (a) and (b) of subsection (2A) above and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, give a direction under section 51 of the M1 Criminal Justice (Scotland) Act 1987.]

(3) Where it appears to the Secretary of State or, as the case may be, the Lord Advocate that the request relates to a fiscal offence in respect of which proceedings have not yet been instituted he shall not exercise his powers under subsection (2) [F2 (2A) or (2B)]above unless—

(a) the request is from a country or territory which is a member of the Commonwealth or is made pursuant to a treaty to which the United Kingdom is a party; or

(b) he is satisfied that the conduct constituting the offence would constitute an offence of the same or a similar nature if it had occurred in the United Kingdom.

(4) For the purpose of satisfying himself as to the matters mentioned in subsection (2)(a) and (b) [F3 or (2A)(a) and (b)]above the Secretary of State or, as the case may be, the Lord Advocate shall regard as conclusive a certificate issued by such authority in the country or territory in question as appears to him to be appropriate.

(5) In this section “evidence” includes documents and other articles.

(6) Schedule 1 to this Act shall have effect with respect to the proceedings before a nominated court in pursuance of a notice under subsection (2) above.

Textual Amendments

F1 S. 4(2A)(2B) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(a); S.I. 1995/127, art. 2(1), Sch. 1

F2 Words in s. 4(3) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(b); S.I. 1995/127, art. 2(1), Sch. 1

F3 Words in s. 4(4) inserted (3.2.1995) by 1994 c. 33, s. 164(1)(c); S.I. 1995/127, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1 S. 4 extended (with modifications) (to Anguilla) (14.7.1994) by S.I. 1994/1635, art. 2, Sch. 1

C2 S. 4(2B) extended (1.4.1996) by 1995 c. 39, ss. 27(2), 53(2).

Commencement Information

I1 S. 4 wholly in force at 10.6.1991 see s. 32(2) and S.I. 1991/1072, art. 2 Schedule Pt. I

Marginal Citations

M1 1987 c. 41.