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Statutory Instruments
Criminal Law
Made
24th September 2009
The Secretary of State makes the following Order in exercise of the powers conferred by section 94 of the Crime (International Co-operation) Act 2003(1).
1. This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009.
2. The following provisions of the Crime (International Co-operation) Act 2003 shall come into force on 19th October 2009—
(a)sections 10 to 12 (domestic freezing orders); and
(b)sections 20 to 25 (overseas freezing orders).
Phil Woolas
Minister of State
Home Office
24th September 2009
(This note is not part of the Order)
This Order brings into force on 19th October 2009 the provisions of the Crime (International Co-operation) Act 2003 (“the Act”) specified in Article 2 which are concerned with domestic and overseas evidence freezing orders. Sections 10 to 12 of the Act set out the powers and procedures to make a domestic freezing order to protect evidence which is situated in a participating country. Sections 20 to 25 set out the powers and procedures in relation to the execution of an overseas freezing order requiring the freezing of evidence situated in the UK for its subsequent use in any proceedings or investigation in a participating country. These provisions give effect to the evidence freezing provisions of the 2003 Framework Decision on the execution in the European Union of orders freezing property or evidence (2003/577/JHA) adopted by the Council of the European Union on 22nd July 2003.
(This note is not part of the Order)
The following provisions of the Crime (International Co-operation) Act 2003 have been brought into force in England, Wales and Northern Ireland by commencement order before the date of this Order—
Provision | Date of Commencement | S.I. No. |
---|---|---|
Sections 1 to 9 | 26th April 2004 | 2004/786 |
Sections 13 to 19 | 26th April 2004 | 2004/786 |
Sections 26 to 31 | 26th April 2004 | 2004/786 |
Sections 32 to 36 | 1st November 2006 | 2006/2811 |
Section 42 to 46 | 1st November 2006 | 2006/2811 |
Sections 47 and 48 | 26th April 2004 | 2004/786 |
Sections 49 to 51 | 26th March 2004 | 2004/786 |
Sections 52 and 53 | 26th April 2004 | 2004/786 |
Chapter 1 of Part 3 (partially) | Not yet in force | 2008/3009 |
Sections 80 to 85 | 26th April 2004 | 2004/786 |
Section 88 | 26th April 2004 | 2004/786 |
Section 91 | 26th April 2004 | 2004/786 |
Schedules 1 and 2 | 26th April 2004 | 2004/786 |
Schedule 3 | Not yet in force | 2008/3009 |
Schedule 5 (partially) | 26th April 2004 | 2004/786 |
Schedule 5 (partially) | 11th October 2004 | 2004/786 |
Schedule 5 (partially) | Not yet in force | 2008/3009 |
Schedule 6 (partially) | 26th April 2004 | 2004/786 |
Schedule 6 (partially) | 11th October 2004 | 2004/2624 |
Schedule 6 (partially) | 17th December 2004 | 2008/3009 |
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