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Crime (International Co-operation) Act 2003
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Changes to legislation:
Crime (International Co-operation) Act 2003, Section 7 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 7:
- s. 4A 4B inserted by 2003 c. 44 Sch. 36 para. 16
- Sch. 3 para. 3(da)(db) inserted by 2024 c. 10 Sch. 3 para. 3(2)
- Sch. 3 para. 4A inserted by 2024 c. 10 Sch. 3 para. 3(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A 4B inserted by 2003 c. 44 Sch. 36 para. 16
- Sch. 3 para. 3(da)(db) inserted by 2024 c. 10 Sch. 3 para. 3(2)
- Sch. 3 para. 4A inserted by 2024 c. 10 Sch. 3 para. 3(3)
7Requests for assistance in obtaining evidence abroadU.K.
This section has no associated Explanatory Notes
(1)If it appears to a judicial authority in the United Kingdom on an application made by a person mentioned in subsection (3)—
(a)that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and
(b)that proceedings in respect of the offence have been instituted or that the offence is being investigated,
the judicial authority may request assistance under this section.
(2)The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom any evidence specified in the request for use in the proceedings or investigation.
(3)The application may be made—
(a)in relation to England and Wales and Northern Ireland, by a prosecuting authority,
(b)in relation to Scotland, by the Lord Advocate or a procurator fiscal,
(c)where proceedings have been instituted, by the person charged in those proceedings.
(4)The judicial authorities are—
(a)in relation to England and Wales, any judge or justice of the peace,
(b)in relation to Scotland, any judge of the High Court or sheriff,
(c)in relation to Northern Ireland, any judge or resident magistrate.
(5)In relation to England and Wales or Northern Ireland, a designated prosecuting authority may itself request assistance under this section if—
(a)it appears to the authority that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and
(b)the authority has instituted proceedings in respect of the offence in question or it is being investigated.
“Designated” means designated by an order made by the Secretary of State.
(6)In relation to Scotland, the Lord Advocate or a procurator fiscal may himself request assistance under this section if it appears to him—
(a)that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and
(b)that proceedings in respect of the offence have been instituted or that the offence is being investigated.
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 7(7) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(3) (with reg. 98) (as amended by S.I. 2020/1408, regs. 1, 22); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3
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