Criminal Justice (Mutual Assistance) Act 2008
F109[Application of section 6 for purposes of Part
94K.—For the purposes of this Part, section 6 shall be construed as if the following section were substituted for that section:
"6. (1) Subject to the provisions of this Act concerning particular requests and such matters as may be provided for in Part 7B Regulations (if any), an EPPO request shall—
(a) be addressed to the Central Authority,
(b) be in writing or in any form capable of producing a written record under conditions allowing its authenticity to be established, and
(c) if not in the Irish, or English, language, be accompanied by a translation into either of those languages.
(2) The Minister may—
(a) accept an EPPO request and any supporting or related documents as evidence of the matters mentioned in them unless he or she has information to the contrary,
(b) seek such additional information from EPPO as may be necessary to enable a decision to be taken on an EPPO request, and
(c) accept a request from EPPO and treat the request as an EPPO request notwithstanding that the request is expressed as a request made in accordance with a relevant international instrument.
(3) Action on an EPPO request may be postponed by the Minister if the action would prejudice criminal proceedings or a criminal investigation.
(5) Reasons shall be given for any such refusal or postponement.
(6) The Minister shall inform EPPO of any circumstances that make it impossible to comply with an EPPO request or are likely to significantly delay compliance.".]
Annotations:
Amendments:
F109
Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 52, S.I. No. 525 of 2023.