Criminal Justice (Joint Investigation Teams) Act 2004

Participants in joint investigation teams.

9

9.—(1) The Competent Authority may agree with the other competent authority or authorities concerned to permit any of the following persons (in this Act referred to as “participants”) to participate, on such terms and conditions as may be agreed with the body or authority designating those persons, in the activities of a joint investigation team:

( a) one or more officers designated by Europol,

( b) one or more officers designated by a body, such as Eurojust, established under Title VI of the Treaty on European Union,

( c) one or more officers designated by the European Commission or other institution of the European Communities, or

1 [ ( d ) one or more officers designated by an authority of a designated state (other than a Member State or part of such a State) within the meaning of the Criminal Justice (Mutual Assistance) Act 2008, ]

(2) Participants in a joint investigation team shall provide support or advice or both to the team.

(3) Subsections (2)(b), (3) and (4) of section 7 , section 11 and 12 and subsections (3) and (4) of section 13 shall apply to participants in a joint investigation team in the same manner as they apply to seconded members of the team with the following modifications, namely—

( a) in section 11 (1) , the reference to the competent authorities of the Member States (including the State) that established the team shall be construed as a reference to those competent authorities and the bodies or authorities that designated officers to be participants in the team,

( b) in section 12 (a) , the reference to members of a police force of another Member State shall be construed as a reference to members of any police force, and

( c) in section 13 (4)

(i) in paragraph (a), the reference to the competent authority of the Member State that appointed the seconded members of the joint investigation team or the part of it concerned shall be construed as a reference to the body or authority that designated the officers concerned to be participants in the joint investigation team or the part of it concerned, and

(ii) in paragraph (b) , the reference to another Member State or its competent authority shall be construed as a reference to the body or authority that designated the officers concerned to be participants in the team or the part of it concerned,

and any other necessary modifications.

(4) Section 7 (5) shall, with any necessary modifications, apply to participants in a joint investigation team in the same manner as it applies to seconded members of the team if it is so provided in the agreement under section 8 to establish the team.

(5) 1 [ ]

(6) 1 [ ]

Annotations:

Amendments:

Amendments:

F13

Substituted (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 96(2)(a), S.I. No. 338 of 2008.

F14

Deleted (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 96(2)(b), S.I. No. 338 of 2008.