Statutory Instrument 2004 No. 1127

The International Joint Investigation Teams (International Agreement) Order 2004

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2004 No. 1127

POLICE

The International Joint Investigation Teams (International Agreement) Order 2004

	Made	13th April 2004
	Laid before Parliament	16th April 2004
	Coming into force	7th May 2004

In exercise of the powers conferred upon him by sections 88(7)(c) and 89(5)(c) of the Police Act 1996[1], sections 42(5B)(c) and 86(7)(c) of the Police Act 1997[2], sections 39(6)(c) and 41(5)(c) of the Police (Scotland) Act 1967[3] and sections 29(7)(c) and 66(5)(c) of the Police (Northern Ireland) Act 1998[4], and with the consent of the Scottish Ministers, the Secretary of State hereby makes the following Order:

    1.This Order may be cited as the International Joint Investigation Teams (International Agreement) Order 2004 and shall come into force on 7th May 2004.

    2.The Convention implementing the Schengen Agreement of 14th June 1985 is hereby specified for the purposes of - 

(a) sections 88(7)(c) and 89(5)(c) of the Police Act 1996;

(b) sections 42(5B)(c) and 86(7)(c) of the Police Act 1997;

(c) sections 39(6)(c) and 41(5)(c) of the Police (Scotland) Act 1967; and

(d) sections 29(7)(c) and 66(5)(c) of the Police (Northern Ireland) Act 1998.

Caroline Flint
Parliamentary Under-Secretary of State

Home Office
13th April 2004

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies, with effect from 7th May 2004, the Convention implementing the Schengen Agreement of 14th June 1985 for the purposes of - 

(a) sections 88(7)(c) and 89(5)(c) of the Police Act 1996;

(b) sections 42(5B)(c) and 86(7)(c) of the Police Act 1997;

(c) sections 39(6)(c) and 41(5)(c) of the Police (Scotland) Act 1967; and

(d) sections 29(7)(c) and 66(5)(c) of the Police (Northern Ireland) Act 1998.

The eight statutory provisions-

(a) extend the liability of a chief officer for wrongful acts of constables to members of international joint investigation teams formed under, inter alia, any international agreement to which the United Kingdom is a party and which is specified in an Order; and

(b) extend the references to persons assisting a constable in the offence of assaulting a constable to include members of international joint invetigation teams formed under, inter alia, any international agreement to which the United Kingdom is a party and which is specified in an Order.

The Order accordingly specifies the Convention implementing the Schengen Agreement of 14^th June 1985 with the result that international joint investigation teams may be formed under that Convention in addition to-

(a) any framework decision on joint investigation teams adopted under article 34 of the Treaty on European Union or

(b) the Convention on Mutual assistance in Criminal Matters between the member states of the European Union, and the Protocol to that Convention, established in accordance with Article 34 of the Treaty on European Union.

Artilce 42 of the Schengen Convention requires foreign officers engaged in cross border surveillance or hot pursuits in the United Kingdom to be treated in the same way as United Kingdom Officers. Article 43 requires the United Kingdom to make good any damage caused by foreign officers in the same way as damage caused by United Kingdom officers. Specifying the Schengen Convention for the purposes of the eight statutory provisions complies with the United Kingdom's obligations under articles 42 and 43 of the Schengen Convention.

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Notes:

[1]1996 c. 16; sections 88(6) to (8) and 89(4) to (6) were inserted by sections 103(1) and 104(1) of the Police Reform Act 2002 (c. 30).back

[2]1997 c. 50; sections 42(5A) to (5C) and 86(6) to (8) were inserted by section 103(2) and (3) of the Police Reform Act 2002.back

[3]1967 c. 77; sections 39(5) to (7) and 41(4) to (6) were inserted by sections 103(4) and 104(2) of the Police Reform Act 2002.back

[4]1998 c. 32; sections 29(6) to (8) and 66(4) to (6) were inserted by sections 103(5) and 104(3) of the Police Reform Act 2002.back

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ISBN0 11 049197 1

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