- Latest available (Revised)
- Point in Time (30/11/2022)
- Original (As enacted)
Point in time view as at 30/11/2022.
Crime (International Co-operation) Act 2003, SCHEDULE 1 is up to date with all changes known to be in force on or before 02 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 15
1U.K.The court has the like powers for securing the attendance of a witness as it has for the purposes of other proceedings before the court.
Modifications etc. (not altering text)
C1Sch. 1 paras. 1-3 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)
Commencement Information
I1Sch. 1 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3
2U.K.In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness so cited.
Modifications etc. (not altering text)
C1Sch. 1 paras. 1-3 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)
Commencement Information
I2Sch. 1 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3
3U.K.The court may take evidence on oath.
Modifications etc. (not altering text)
C1Sch. 1 paras. 1-3 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)
Commencement Information
I3Sch. 1 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3
4U.K.Rules of court under section 49 may, in particular, make provision in respect of the persons entitled to appear or take part in the proceedings and for excluding the public from the proceedings.
Commencement Information
I4Sch. 1 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3
5(1)A person cannot be compelled to give any evidence which he could not be compelled to give—U.K.
(a)in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction, or
(b)subject to sub-paragraph (2), in criminal proceedings in the country from which the request for the evidence has come.
(2)Sub-paragraph (1)(b) does not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court or authority which made the request.
(3)Where the person’s claim is not conceded, he may be required to give the evidence to which the claim relates (subject to the other provisions of this paragraph); but the evidence may not be forwarded to the court or authority which requested it if a court in the country in question, on the matter being referred to it, upholds the claim.
(4)A person cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.
(5)A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.
(6)A person cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.
(7)Sub-paragraphs (4) and (6) are without prejudice to the generality of sub-paragraph (1).
Modifications etc. (not altering text)
C2Sch. 1 para. 5 applied (with modifications) (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(b) (with art. 3)
Commencement Information
I5Sch. 1 para. 5 in force at 26.4.2004 by S.I. 2004/786, art. 3
6(1)The evidence received by the court is to be given to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request.U.K.
(2)So far as may be necessary in order to comply with the request—
(a)where the evidence consists of a document, the original or a copy is to be provided,
(b)where it consists of any other article, the article itself, or a description, photograph or other representation of it, is to be provided.
Modifications etc. (not altering text)
C3Sch. 1 para. 6 functions of Secretary of State made exercisable by the Commissioners (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), 3, 8
Commencement Information
I6Sch. 1 para. 6 in force at 26.4.2004 by S.I. 2004/786, art. 3
7U.K.The Bankers' Books Evidence Act 1879 (c. 11) applies to the proceedings as it applies to other proceedings before the court.
Modifications etc. (not altering text)
C4Sch. 1 para. 7 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)
Commencement Information
I7Sch. 1 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3
8U.K.No order for costs may be made.
Modifications etc. (not altering text)
C5Sch. 1 para. 8 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)
Commencement Information
I8Sch. 1 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: