Criminal Justice (Mutual Assistance) (Amendment) Act 2015

• Permanent Page URL

Amendment of section 2 of Principal Act

2. Section 2 of the Principal Act is amended—

(a) in subsection (1) —

(i) in the definition of “international instrument”—

(I) by the insertion of the following paragraph after paragraph (c):

“(ca) the Agreement with Japan;”,

(II) in paragraph (e), by the substitution of “2003 Framework Decision” for “Framework Decision”,

(III) by the insertion of the following paragraphs after paragraph (e):

“(ea) the 2005 Framework Decision;

(eb) the 2006 Framework Decision;”,

(IV) by the insertion of the following paragraph after paragraph (gb) (inserted by section 128 (b) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 :

“(gc) the 2008 Council Decision (special intervention units);

(gd) the 2009 Council Decision;”,

and

(V) by the substitution of the following paragraph for paragraph (m):

“(m) a bilateral agreement between the State and a designated state, or a multilateral agreement between the State and other designated states, for the provision of such assistance; and”,

(ii) in the definition of “member state” (amended by section 128 (c) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ), by the substitution of the following paragraph for paragraph (a):

“(a) a member state of the European Union (other than the State), for the purposes of mutual assistance under the provisions of the 2000 Convention, 2001 Protocol, Articles 49 and 51 of the Schengen Convention, 2003 Framework Decision, 2005 Framework Decision, 2005 Council Decision, Article 7 of the 2008 Council Decision, Article 1 of the 2009 Agreement with Iceland and Norway insofar as it applies Article 7 of the 2008 Council Decision in bilateral relations between Iceland or Norway and each member state of the European Union (other than the State) and in relations between Iceland and Norway, 2008 Council Decision (special intervention units), and”,

(iii) by the deletion of the definition of “Framework Decision”, and

(iv) by the insertion of the following definitions:

“ ‘Agreement with Japan’ means the Agreement between the European Union and Japan on mutual legal assistance in criminal matters, done at Brussels on 30 November 2009 and at Tokyo on 15 December 2009;

‘2008 Council Decision (special intervention units)’ means Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between special intervention units of the member states of the European Union in crisis situations⁷ ;

‘2009 Council Decision’ means Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime ⁸ ;

‘2010 Council Decision’ means Council Decision 2010/616/EU of 7 October 2010 on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters⁹ ;

‘2003 Framework Decision’ means Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence¹⁰ ;

‘2005 Framework Decision’ means Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of mutual recognition to financial penalties¹¹ ;

‘2006 Framework Decision’ means Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders¹² ;”,

and

(b) in section 2(6) —

(i) by the insertion of the following paragraph after paragraph (c):

“(ca) Schedule 3A sets out the English text of the Agreement with Japan,”,

(ii) in paragraph (e), by the substitution of “2003 Framework Decision” for “Framework Decision”,

(iii) by the insertion of the following paragraphs after paragraph (e):

“(ea) Schedule 5A sets out the English text of the 2005 Framework Decision,

(eb) Schedule 5B sets out the English text of the 2006 Framework Decision,”,

(iv) by the insertion of the following paragraphs after paragraph (g):

“(ga) Schedule 7A sets out the English text of the 2008 Council Decision (special intervention units),

(gb) Schedule 7B sets out the English text of the 2009 Council Decision.”.

⁷OJ L 210, 06.08.2008, p.73.

⁸OJ L 138, 04.06.2009, p.14.

⁹OJ L 271, 15.10.2010, p.3.

¹⁰OJ L 196, 02.08.2003, p.45.

¹¹OJ L 76, 22.3.2005, p.16.

¹²OJ L 328, 24.11.2006, p.59.