Crime (International Co-operation) Act 2003

51 General interpretation U.K.

(1) In this Part—

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

• “the 2001 Protocol” means the Protocol to the Mutual Legal Assistance Convention, established by Council Act of 16th October 2001 (2001/C326/01),

• “administrative proceedings” means proceedings outside the United Kingdom to which Article 3(1) of the Mutual Legal Assistance Convention 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 [F1 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,

• “the Mutual Legal Assistance Convention” means the Convention on Mutual Assistance in Criminal Matters established by Council Act of 29th May 2000 (2000/C197/01),

• “the Schengen Convention” means the Convention implementing the Schengen Agreement of 14th June 1985.

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

[F2 (a) Denmark or the Republic of Ireland, and]

(b) any other 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) 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)

F2 S. 51(2)(a) substituted (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 7 (with reg. 3)

Commencement Information

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