The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

Production or Access Orders

18.—(1) Where the Secretary of State receives a request from the Mechanism for assistance—

(a) in ascertaining whether a person has benefited from a Mechanism crime; or

(b) in identifying the extent or whereabouts of property derived directly or indirectly from a Mechanism crime,

the Secretary of State may direct a constable to apply for an order under paragraph (5) and, on receipt of such a direction, the constable must make an application for such an order to a Circuit Judge or, in Northern Ireland, a County Court Judge.

(2) Any such application—

(a) in England and Wales, may be made without notice and may be granted without a hearing; and

(b) in Northern Ireland, may be made on an ex parte application to a judge in chambers.

(3) The judge may make an order under paragraph (5) if the judge is satisfied that there are reasonable grounds for suspecting—

(a) that a specified person has benefited from a Mechanism crime; and

(b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made.

(4) No such order must be made if it appears to the judge that the material to which the application relates consists of or includes items subject to legal privilege.

(5) The judge may order a specified person (“P”) who appears to have in P’s possession, custody or power specified material, or material of a specified description, to which the application relates, either—

(a) to produce the material to a constable within a specified period for the constable to take away; or

(b) to give a constable access to the material within a specified period.

(6) The specified period is seven days beginning with the date of the order unless it appears to the judge making the order that a longer or shorter period would be appropriate in the particular circumstances of the application.

(7) Where the judge makes an access order in relation to material on any premises the judge may, on the application of a constable, order any person who appears to the judge to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

(8) In the application of this article to Scotland, the following modifications have effect–

(a) for paragraph (1) there is substituted—

“(1) Where the Secretary of State receives a request from the Mechanism for assistance—

(a) in ascertaining whether a person has benefited from a Mechanism crime; or

(b) in identifying the extent or whereabouts of property derived directly or indirectly from a Mechanism crime,

where it appears to the Secretary of State that the evidence of benefit or the property is in Scotland, the Secretary of State must pass a copy of the request to the procurator fiscal who may apply for an order under paragraph (5).”;

(b) for paragraphs (2) and (3) there is substituted—

“(2) An order under paragraph (5) may be made on an ex parte application by the procurator fiscal to a sheriff in chambers.”;

(c) for any reference to “the judge”, there is substituted a reference to “the sheriff”; and

(d) in paragraph (4), the expression “items subject to legal privilege” has the meaning given to that expression by section 412 of the Proceeds of Crime Act 2002(1).

(1)

2002 c. 29. There have been amendments, but none relevant to this Order.