ASSISTANCE MUTUAL IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 NO. 310
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 NO. 310
- TABLE OF PROVISIONS
1. Name of Regulations
2. Commencement
3. Application of Act
4. Mutual Assistance in Criminal Matters (United Kingdom) Regulations -- repeal
SCHEDULE 1 Mutual assistance agreement
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 No. 310
- REG 1 Name of Regulations
These Regulations are the Mutual Assistance in Criminal Matters (United
Kingdom) Regulations 1999.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 No. 310
- REG 2 Commencement
These Regulations commence on 10 May 2000.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 No. 310
- REG 3 Application of Act
The Mutual Assistance in Criminal Matters Act 1987 applies to the
United Kingdom subject to the Agreement between the Government of Australia and
the Government of the United Kingdom of Great Britain and Northern Ireland
concerning the Investigation, Restraint and Confiscation of the Proceeds and
Instruments of Crime, done at Canberra on 6 February 1997, a copy of the text
of which is set out in Schedule 1.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 No. 310
- REG 4 Mutual Assistance in Criminal Matters (United Kingdom) Regulations -- repeal
Statutory Rules 1997 No. 2 is repealed.
MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED KINGDOM) REGULATIONS 1999 1999 NO. 310
- SCHEDULE 1 Mutual assistance agreement
(regulation 3)
AGREEMENT BETWEEN
THE GOVERNMENT OF AUSTRALIA
AND
THE GOVERNMENT OF THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND
CONCERNING THE INVESTIGATION,
RESTRAINT AND CONFISCATION OF THE PROCEEDS
AND INSTRUMENTS OF CRIME
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND;
DESIRING to provide the widest measure of mutual assistance in the
investigation, restraint and confiscation of the proceeds and instruments of
crime;
HAVE AGREED as follows:
Article 1
Scope of application
1. The Parties shall, in accordance with this Agreement, grant to each other
assistance in the investigation, restraint and confiscation of the proceeds and
instruments of crime.
2. This Agreement shall be without prejudice to other obligations between the
Parties pursuant to other treaties and shall not prevent the Parties or their
law enforcement agencies from providing assistance to each other pursuant to
other treaties or arrangements.
Article 2
Definitions
For the purposes of this Agreement:
(a) "confiscation" means any measure resulting in the final deprivation of
property;
(b) "instruments of crime" means any property which is or is intended to be
used in connection with the commission of an offence;
(c) "proceeds of crime" means any property derived or realised, directly or
indirectly, by any person as a result of criminal activity, or the value of any
such property;
(d) "property" includes money and all kinds of moveable or immoveable and
tangible or intangible property, and includes any interest in such property;
(e) "the restraint of property" means any measure for the prevention of
dealing in or transfer or disposal of property.
Article 3
Central authorities
1. Requests for assistance under this Agreement shall be made through the
central authorities of the Parties.
2. In the United Kingdom the central authority is the Home Office. In Australia
the central authority is the Attorney-General's Department.
Article 4
Contents of requests
1. Requests shall be made in writing. In urgent circumstances and where
permitted by the Requested Party, requests may be made orally but shall be
confirmed in writing thereafter.
2. Requests for assistance shall include a statement of:
(a) the name of the competent authority conducting the investigation or
proceedings to which the request relates;
(b) the matters, including the relevant facts and laws, to which the
investigation or proceedings relates;
(c) the purpose for which the request is made and the nature of the assistance
sought;
(d) details of any particular procedure or requirement that the Requesting
Party wishes to be followed;
(e) any time limit within which compliance with the request is desired; and
(f) the identity, nationality and location of the person or persons who are
the subject of the investigation or proceedings.
3. If the Requested Party considers that the information contained in the
request is not sufficient to enable the request to be dealt with, that Party
may request that additional information be furnished.
Article 5
Execution of requests
1. A request shall be executed as permitted by and in accordance with the
domestic law of the Requested Party and, to the extent not incompatible with
such law, in accordance with any requirements specified in the request.
2. The Requested Party shall inform the Requesting Party promptly of any
circumstances which are likely to cause a significant delay in responding to
the request.
3. The Requested Party shall inform the Requesting Party promptly of a decision
of the Requested Party not to comply in whole or in part with a request for
assistance and the reason for that decision.
4. The Requesting Party shall inform the Requested Party promptly of any
circumstances which may affect the request or its execution or which may make
it inappropriate to proceed with giving effect to it.
Article 6
Refusal of assistance
1. Assistance may be refused if:
(a) the Requested Party is of the opinion that the request, if granted, would
seriously impair its sovereignty, security, national interest or other
essential interest;
(b) provision of the assistance sought could prejudice an investigation or
proceedings in the territory of the Requested Party, prejudice the safety of
any person or impose an excessive burden on the resources of that Party;
(c) the request concerns restraint or confiscation of proceeds or instruments
of a criminal activity which, had it occurred within the jurisdiction of
the Requested Party, would not have been an activity in respect of which a
confiscation order could have been made;
(d) the request relates to an offence in respect of which the person has been
finally acquitted, pardoned, or made the subject of an amnesty; or
(e) the request relates to a confiscation order which has been satisfied.
2. Before refusing to grant a request for assistance, the Requested Party
shall consider whether assistance may be granted subject to such conditions as
it deems necessary. If the Requesting Party accepts assistance subject to
conditions, it shall comply with them.
Article 7
Confidentiality and restricting use of
evidence and information
1. The Requested Party shall, to any extent requested, keep confidential a
request for assistance, its contents and any supporting documents, and the fact
of granting such assistance except to the extent that disclosure is necessary
to execute the request. If the request cannot be executed without breaching
confidentiality, the Requested Party shall so inform the Requesting Party which
shall then determine the extent to which it wishes the request to be
executed.
2. The Requesting Party shall, if so requested, keep confidential any evidence
and information provided by the Requested Party, except to the extent that its
disclosure is necessary for the investigation or proceedings described in the
request.
3. The Requesting Party shall not use for purposes other than those
stated in a request evidence or information obtained as a result of it,
without the prior consent of the Requested Party.
Article 8
Information and evidence
1. The Parties may make requests for information and evidence for the purpose
of identifying proceeds or instruments of crime which may become liable to
restraint or confiscation. Any documents or other material supporting a request
which involves the exercise of powers compulsory by the Requested Party shall,
to the extent required by the Requested Party, be authenticated in accordance
with Article 12.
2. Assistance which may be given under this Article includes but is not limited
to:
(a) providing information and documents or copies thereof;
(b) taking evidence or statements of witnesses or other persons and producing
documents, records, or other material for transmission to the Requesting
Party;
(c) searching for, seizing and delivering to the Requesting Party any relevant
material, and providing such information as may be required by the Requesting
Party concerning the place of seizure, the circumstances of seizure and the
subsequent custody of the material seized prior to delivery.
3. The Requested Party may postpone the delivery of material requested if
such material is required for proceedings in respect of criminal or civil
matters in its territory. The Requested Party shall, upon request, provide
certified copies of documents.
4. Where required by the Requested Party, the Requesting Party shall return
material provided under this Article when no longer needed for the purpose for
which it was supplied.
Article 9
Restraint
1. In accordance with the provisions of this Article, a Party may request the
restraint of property in the territory of the Requested Party in order
to ensure that it is available for the purpose of enforcement of a confiscation
order which has been or may be made.
2. A request made under this Article shall include:
(a) (i) in the case of a request from the United Kingdom, a certificate stating
that an information has been laid before a justice of the peace, or a person
has been charged with an offence, or a bill of indictment has been preferred,
or a petition warrant has been granted, or that one of these measures is to be
taken and, if so, when;
(ii) in the case of a request from Australia, a certificate stating that an
information or a complaint has been laid before a justice of the peace or a
magistrate, or a person has been charged with an offence, or an indictment or a
presentment has been preferred, or that one of these measures is to be taken
and, if so, when;
(b) either:
(i) a summary of the facts of the case including a description of the offence,
the time and place of its commission, a reference to the relevant legal
provisions, the grounds on which the suspicion is based and an authenticated
copy of any relevant restraint order; or
(ii) where a confiscation order has been made, an authenticated copy of that
order;
(c) to the extent possible, a description of the property in respect of which
restraint is sought or which is believed to be available for restraint, and its
connection with the person against whom the proceedings have been or are to be
instituted;
(d) where appropriate, a statement of the amount which it is desired to
restrain and the grounds on which this amount is estimated; and
(e) where applicable, an estimate of the time expected to elapse before a final
judgement may be given.
3. The Requesting Party shall advise the Requested Party of any alteration in
an estimate of time referred to in paragraph 2(e) above and in doing so shall
also give information about the stage of proceedings reached. Each Party shall
advise the other promptly of any appeal or variation made in respect of
restraint action requested or taken.
Article 10
Enforcement of confiscation orders
1. This Article applies to an order, made by a court of the Requesting Party,
intended to recover the proceeds or instruments of crime.
2. A request for assistance in enforcing such an order shall be accompanied by
an authenticated copy of the order, and shall contain information
indicating:
(a) that neither the order nor any conviction to which it relates is subject
to appeal;
(b) that the order is enforceable in the territory of the Requesting Party;
(c) where appropriate, property available for enforcement or the property in
respect of which assistance is sought, stating the relationship between that
property and the person against whom the order has been made;
(d) where appropriate, and where known, the interests in the property of any
person other than the person against whom the order has been made; and
(e) where appropriate, the amount which it is desired to realise as a result
of such assistance.
3. Where the law of the Requested Party does not permit effect to be given
to a request in full, the Requested Party shall give effect to it insofar as it
is able to do so.
4. If a request under this Article relates to an amount of money, that amount
shall be converted into the currency of the Requested Party in accordance with
its domestic law and procedures.
5. Property obtained by the Requested Party in the enforcement of an order to
which this Article applies shall remain with that ...