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Crime (International Co-operation) Act 2003, Section 9 is up to date with all changes known to be in force on or before 16 August 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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(1)This section applies to evidence obtained pursuant to a request for assistance under section 7.
(2)The evidence may not without the consent of the appropriate overseas authority be used for any purpose other than that specified in the request.
(3)When the evidence is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it must be returned to the appropriate overseas authority, unless that authority indicates that it need not be returned.
(4)In exercising the discretion conferred by F1... [F2Article 5 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/ 1847 (N.I. 17))] (exclusion of evidence otherwise admissible) in relation to a statement contained in the evidence, the court must have regard—
(a)to whether it was possible to challenge the statement by questioning the person who made it, and
(b)if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being obtained.
(5)In Scotland, the evidence may be received in evidence without being sworn to by witnesses, so far as that may be done without unfairness to either party.
(6)In this section, the appropriate overseas authority means the authority recognised by the government of the country in question as the appropriate authority for receiving requests of the kind in question.
Textual Amendments
F1Words in s. 9(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(3) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F2Words in s. 9(4) repealed (N.I.) (3.4.2006) by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501), art. 1(3), Sch. 2 (with art. 43); S.R. 2006/63, art. 2
Modifications etc. (not altering text)
C1S. 9(2) applied by 1995 c. 46, s. 194IA(5) (as inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 105, 206(1); S.S.I. 2010/413, art. 2, Sch.)
C2S. 9(3) applied by 1995 c. 46, s. 194IA(5) (as inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 105, 206(1); S.S.I. 2010/413, art. 2, Sch.)
C3S. 9(6) applied by 1995 c. 46, s. 194IA(5) (as inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 105, 206(1); S.S.I. 2010/413, art. 2, Sch.)
Commencement Information
I1S. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3
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