Article 7 Amendments to the Criminal Procedure Rules 2015

the existing text becomes paragraph (1),

after paragraph (1) insert—

“(2)

An applicant for a live link direction under section 32 of the Criminal Justice Act 1988^f1 who wants the court also to make a European investigation order must—

(a)

identify the participating State in which, and the place in that State from which, the witness will give evidence;

(b)

explain why it is necessary and proportionate to make a European investigation order;

(c)

if applicable, explain how the requirements of regulation 14 of the Criminal Justice (European Investigation Order) Regulations 2017^f2 are met (Hearing a person by videoconference or telephone); and

(d)

attach a draft order in the form required by regulation 8 of the 2017 Regulations (Form and content of a European investigation order) and Directive 2014/41/EU.

(3)

Where the court makes a European investigation order, the court officer must promptly—

(a)

issue an order in the form required by regulation 8 of the 2017 Regulations (Form and content of a European investigation order) and Directive 2014/41/EU;

(b)

where the applicant is a constable or a prosecuting authority, serve that order on the applicant;

(c)

in any other case, serve that order on the appropriate authority in the participating State in which the measure or measures are to be carried out.”, and

in the note to the rule, for “and section 51 of the Criminal Justice Act 2003^f3” substitute “, section 51 of the Criminal Justice Act 2003 and regulation 6 of the Criminal Justice (European Investigation Order) Regulations 2017”;

for the heading to the rule substitute “Application to discharge a live link direction, etc.”,

after paragraph (2) insert—

“(3)

An applicant for the variation or revocation of a European investigation order made on an application under rule 18.24 must demonstrate that the applicant is, as the case may be—

(a)

the person who applied for the order;

(b)

a prosecuting authority; or

(c)

any other person affected by the order.

(4)

Where the court varies or revokes such an order, the court officer must promptly notify the appropriate authority in the participating State in which the measure or measures are to be carried out.”, and

in the note to the rule, for “and section 52(3) of the Criminal Justice Act 2003” substitute “, section 52(3) of the Criminal Justice Act 2003 and regulation 10 of the Criminal Justice (European Investigation Order) Regulations 2017”;