Explanatory note

These Rules provide for the practice and procedure to be followed in magistrates' courts in England and Wales in connection with proceedings under Part 1 of the Crime (International Co-operation) Act 2003 (“the 2003 Act”).

Section 3(4) of the 2003 Act requires that process served outside the United Kingdom requiring a person to appear as a party or attend as a witness must be accompanied by a notice giving certain information. Rule 3 specifies what that information is to be.

Rule 4 provides for the proof of service where this is done, in pursuance of section 4 of the 2003 Act, in accordance with arrangements made by the Secretary of State.

Rule 5 requires a copy of a request which is sent directly abroad to be sent to the Secretary of State.

Section 15(1) of the 2003 Act enables the Secretary of State to nominate a court to receive evidence in respect of a request for assistance from overseas falling within section 13 of that Act. The proceedings before a nominated court take place under Schedule 1 to that Act and rules 6 and 7 provide for procedural matters in connection with those proceedings and the contents of the overseas record (as defined by rule 2) in respect of them.

Sections 30 and 31 of the 2003 Act concern the giving of evidence before a nominated court in the United Kingdom to a court abroad by a television link or by telephone, respectively. Rule 8 provides for the use of interpreters for these hearings and rules 9 and 10 provide for the contents of the overseas record in respect of them.

Rule 11 restricts access to the overseas record.