Article 6 Action on receipt of external request in connection with criminal investigations or proceedingsI1
United Kingdom
Except where paragraph (2) applies, the Secretary of State may refer an external request in connection with criminal investigations or proceedings in the country from which the request was made and concerning relevant property in England or Wales F1to the Director of Public Prosecutions to process it.
This paragraph applies where it appears to the Secretary of State that the request—
is made in connection with criminal investigations or proceedings which relate to an offence involving serious or complex fraud, and
concerns relevant property in England or Wales.
Where paragraph (2) applies, the Secretary of State may refer the request to the Director of the Serious Fraud Office to process it.
In this Chapter “the relevant Director” means the Director to whom an external request is referred under paragraph (1) or (3).
The relevant Director may ask the overseas authority which made the request for such further information as may be necessary to determine whether the request is likely to satisfy either of the conditions in article 7.
A request under paragraph (5) may include a request for statements which may be used as evidence.
Where a request concerns relevant property which is in Scotland or Northern Ireland as well as England or Wales, so much of the request as concerns such property shall be dealt with under Part 3 or 4, respectively.
Annotations
Textual amendments
- F1
Words in art. 6(1) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 15