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