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The Criminal Justice (European Investigation Order) Regulations 2017 (revoked) in Scotland

S.I. 2017/730 · Made 5 July 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Criminal Law

Made 5th July 2017

Laid before Parliament 10th July 2017

Coming into force 31st July 2017

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Annotations to the whole text

Textual amendments

F1

Regulations revoked (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 74 (with regs. 83-86) (as amended by S.I. 2020/1408, regs. 1, 27, 28); 2020 c. 1, Sch. 5 para. 1(1)

Contents

  1. Part 1: General Repealed
  2. 1Citation, commencement and extent Repealed
  3. 2General Interpretation Repealed
  4. 3Transitional provisions Repealed
  5. 4Consequential amendments Repealed
  6. Part 2: Making or validating a European investigation order in the United Kingdom Repealed
  7. Chapter 1: General Repealed
  8. 5Interpretation Repealed
  9. 6Power of a judicial authority to make a European investigation order Repealed
  10. 7Power of a designated public prosecutor to make or validate a European investigation order Repealed
  11. 8Form and content of a European investigation order Repealed
  12. 9Transmission of a European investigation order Repealed
  13. 10Variation or revocation of a European investigation order Repealed
  14. 11Meaning of “under the same conditions in a similar domestic case” Repealed
  15. 12Use of evidence obtained under this Part Repealed
  16. Chapter 2: Additional requirements for certain investigative measures Repealed
  17. 13Interpretation and relationship to Chapter 1 Repealed
  18. 14Hearing a person by videoconference or telephone Repealed
  19. 15Banking and other financial information Repealed
  20. 16Investigative measures requiring the gathering of evidence in real time, continuously and over a certain period of time Repealed
  21. 17Covert investigations Repealed
  22. 18Provisional measures Repealed
  23. 19Interception of telecommunications where technical assistance is needed Repealed
  24. Chapter 3: Making a European investigation order for the temporary transfer of a prisoner Repealed
  25. 20Temporary transfer of UK prisoner to a participating State for the purpose of UK investigation Repealed
  26. 21Temporary transfer of EU prisoner to the UK for the purpose of UK investigation or proceedings Repealed
  27. 22European investigation order for the temporary transfer of a prisoner Repealed
  28. 23Restrictions on prosecution and detention for other matters Repealed
  29. 24Time spent by UK prisoner in custody overseas Repealed
  30. Part 3: Recognition and execution in the United Kingdom of a European investigation order made in a participating State Repealed
  31. Chapter 1: General Repealed
  32. 25Interpretation Repealed
  33. Chapter 2: General provisions relating to the recognition and execution of a European investigation order Repealed
  34. 26Recognition of a European investigation order Repealed
  35. 27Sufficiency of information Repealed
  36. 28Grounds for refusal of recognition or execution Repealed
  37. 29Postponement of recognition or execution Repealed
  38. 30Time limits for recognition and execution Repealed
  39. 31Transfer of evidence to the issuing State Repealed
  40. 33European investigation orders relating to customs matters Repealed
  41. 34Request by an authority of the issuing State to assist in the execution of a European investigation order Repealed
  42. Chapter 3: Execution of a European investigation order relating to witness evidence and hearings Repealed
  43. 35Nominating a court to receive evidence from a person Repealed
  44. 36Hearing a person through videoconference or other audio visual transmission Repealed
  45. 37Hearing a person by telephone conference Repealed
  46. Chapter 4: Execution of a European investigation order by means of a search warrant etc. Repealed
  47. 38Search warrants and production orders: nominating a court Repealed
  48. 39Search warrants and production orders: giving effect to the European investigation order Repealed
  49. 40Evidence seized under a search warrant or production order Repealed
  50. 41Power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced Repealed
  51. Chapter 5: Execution of a European investigation order by means of a customer information order or an account monitoring order Repealed
  52. 42Interpretation Repealed
  53. 43Nominating a court to make a customer information order or an account monitoring order Repealed
  54. 44Court’s power to make a customer information order Repealed
  55. 45Court’s power to make an account monitoring order Repealed
  56. 46Grounds for refusing to make a customer information order or an account monitoring order Repealed
  57. 47Postponement Repealed
  58. 48Power to vary or revoke customer information and account monitoring orders Repealed
  59. 49Offences in relation to customer information orders Repealed
  60. 50Offence of disclosure Repealed
  61. Chapter 6: Referral to an executing authority for assistance in execution of a European investigation order Repealed
  62. 51Referral to executing authorities Repealed
  63. 52Lord Advocate’s direction in relation to serious or complex fraud Repealed
  64. Chapter 7: Recognition and execution of a European investigation order for the temporary transfer of a prisoner Repealed
  65. 53Temporary transfer of prisoners Repealed
  66. 54Temporary transfer of UK prisoner to issuing State for the purpose of issuing State’s investigation or proceedings Repealed
  67. 55Temporary transfer of EU prisoner to UK for the purpose of issuing State’s investigation Repealed
  68. 56Restrictions on prosecution and detention for other matters Repealed
  69. 57Time spent by UK prisoner in custody overseas Repealed
  70. Part 4: Miscellaneous Repealed
  71. 58Interception of telecommunications where no technical assistance is needed Repealed
  72. 59Designation of the Directive for the purposes of the Investigatory Powers Act 2016 Repealed
  73. 60UK authority’s duty to reimburse participating State for compensation paid Repealed
  74. 61Rules of court Repealed
  75. Signature
  76. Schedule 1: Designated prosecutors, investigating authorities and executing authorities Repealed
  77. 1Designated public prosecutors Repealed
  78. 2Other designated prosecutors Repealed
  79. 3Designated investigating authorities Repealed
  80. 4Designated executing authorities Repealed
  81. Schedule 2Participating States Repealed
  82. Schedule 3: Consequential amendments Repealed
  83. Part 1: Amendments to Acts Repealed
  84. 1Amendment of the Criminal Justice Act 1987 Repealed
  85. 2Amendment of the Criminal Justice Act 1988 Repealed
  86. 3Amendment of the Criminal Procedure (Scotland) Act 1995 Repealed
  87. 4Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995 Repealed
  88. 5Amendment of the Regulation of Investigatory Powers Act 2000 Repealed
  89. 6Amendment of the Criminal Justice and Police Act 2001 Repealed
  90. 7Amendment of the Crime (International Co-operation) Act 2003 Repealed
  91. 8Amendment of the Criminal Justice Act 2003 Repealed
  92. 9Amendment of the Investigatory Powers Act 2016 Repealed
  93. Part 2: Amendments to subordinate legislation Repealed
  94. 10Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 Repealed
  95. 11Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009 Repealed
  96. 12Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009 Repealed
  97. 13Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009 Repealed
  98. 14Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010 Repealed
  99. Schedule 4: General grounds for refusal Repealed
  100. 1Paragraph 1 Repealed
  101. 2Paragraph 2 Repealed
  102. 3Paragraph 3 Repealed
  103. 4Paragraph 4 Repealed
  104. 5Paragraph 5 Repealed
  105. 6Paragraph 6 Repealed
  106. 7Paragraph 7 Repealed
  107. Schedule 5: Receiving evidence before a nominated court Repealed
  108. 1Paragraph 1 Repealed
  109. 2Paragraph 2 Repealed
  110. 3Paragraph 3 Repealed
  111. 4Paragraph 4 Repealed
  112. 5Paragraph 5 Repealed
  113. 6Paragraph 6 Repealed
  114. 7Paragraph 7 Repealed
  115. 8Paragraph 8 Repealed
  116. 9Paragraph 9 Repealed
  117. 10Paragraph 10 Repealed
  118. Schedule 6: Hearing a person by video-link or telephone conference Repealed
  119. Part 1: Hearing by video-link Repealed
  120. 1Paragraph 1 Repealed
  121. 2Paragraph 2 Repealed
  122. 3Paragraph 3 Repealed
  123. 4Paragraph 4 Repealed
  124. 5Paragraph 5 Repealed
  125. 6Paragraph 6 Repealed
  126. 7Paragraph 7 Repealed
  127. 8Paragraph 8 Repealed
  128. 9Paragraph 9 Repealed
  129. Part 2: Hearing by telephone conference Repealed
  130. 10Paragraph 10 Repealed
  131. 11Paragraph 11 Repealed
  132. 12Paragraph 12 Repealed
  133. 13Paragraph 13 Repealed
  134. 14Paragraph 14 Repealed
  135. Explanatory note