Part 1Mutual assistance in criminal matters

Chapter 6Supplementary

I151General interpretation

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”—

    1. a

      in relation to any area in Scotland, means the chief constable for the police force maintained for that area,

    2. 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—

a

a country other than the United Kingdom which is a member State on a day appointed for the commencement of that provision, 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).