Criminal Justice (Mutual Assistance) Act 2008

94I

F107[Application of section 2 for purposes of Part

94I.For the purposes of this Part, section 2(1) shall apply subject to the following and any other necessary modifications:

(a) in the definition of "criminal conduct", paragraph (b) shall be construed as if the following paragraph were substituted for that paragraph:

"(b) which occurs in a state (other than the State) and would, if it occurred in the State, constitute an offence;",

(b) in the definition of "criminal investigation", paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

"(a) means an investigation conducted by EPPO, and",

(c) the definition of "criminal proceedings" shall apply as if paragraph (d) was deleted,

(d) in the definition of "offence"—

(i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

"(a) means an offence in respect of which an EPPO request may be made,",

and

(ii) in paragraph (b), as if "if or to the extent that the relevant international instrument or the law of the designated state concerned provides for mutual assistance in respect of such an offence," was deleted,

and

(e) in the definition of "requesting authority"—

(i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

"(a) EPPO, or",

and

(ii) in paragraph (b), the reference to any other authority in that state shall be construed as a reference to any person.]

Annotations:

Amendments:

F107

Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 52, S.I. No. 525 of 2023.