Criminal Justice (Joint Investigation Teams) Act 2004

Provisions relating to joint investigation teams.

5

5.—(1) A joint investigation team shall be established for specific purposes and a limited period which may be extended, if the circumstances so require, for such period or periods as may be agreed by the Competent Authority and the other competent authority or authorities concerned.

(2) Subject to subsection (1) , a joint investigation team may operate in the State or in the other Member State or States concerned for so long as it is necessary to do so for the purpose of conducting the investigation concerned, and parts of it may operate in more than one of those Member States at the same time.

(3) Subject to this Act, the Competent Authority may, at any time after a joint investigation team has been established, agree with the competent authority or authorities concerned to amend the agreement establishing the team.

(4) The State may join a joint investigation team that has been established by Member States other than the State on such terms and conditions as the Competent Authority may, subject to this Act, agree with the competent authorities of those Member States if the Competent Authority is satisfied that—

( a) the conduct being investigated by the team is either—

(i) conduct which would constitute an offence if it occurred in the State and it has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, partly in the State and partly in another Member State or States, or

(ii) conduct which would constitute an offence if it occurred in the State and it has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, in another Member State or States and the investigation of it has links with the State,

and

( b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation into the conduct concerned, to agree to the State joining the team because—

(i) part of the investigation is being, or it is anticipated that it will be, conducted in the State, or

(ii) the investigation requires coordinated and concerted action by the Member States (including the State) concerned.

(5) Where a joint investigation team has been established by more than one Member State including the State, another Member State may join the team on such terms and conditions as its competent authority may agree with the Competent Authority and the competent authority or authorities of the other Member State or States concerned.

(6) In relation to an agreement referred to in subsection (4) or (5)

( a) a reference in this Act to the Member States that established a joint investigation team shall be construed as including a reference to the State or, as the case may be, to the Member State that joined the team under subsection (5), and

( b) a reference in this Act to the competent authority or authorities of the Member State or States that established a joint investigation team shall be construed as including a reference to the Competent Authority or, as the case may be, the competent authority of the Member State that joined the team under subsection (5),

(7) Notwithstanding subsection (1), the Competent Authority may agree with the other competent authority or authorities concerned to terminate a joint investigation team when—

( a) the purposes for which the team was established have been achieved, or

( b) no further benefit is likely to accrue from the continued operation of the team.