|
|
Request to other Member State or States to establish joint investigation team.
|
3.—(1) Where the Competent Authority is satisfied that—
|
|
| |
(a) either—
|
|
| |
(i) an offence has been committed, or there are reasonable grounds for suspecting that an offence has been committed, in the State and the investigation of the offence or suspected offence has links with another Member State or States, or
|
|
| |
(ii) conduct which would constitute an offence if it occurred in the State 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,
|
|
| |
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 of the offence or suspected offence concerned or into the conduct concerned, to establish a joint investigation team with that other Member State or those other Member States because—
|
|
| |
(i) part of the investigation is being, or it is anticipated that it will be, conducted in that other Member State or those other Member States, or
|
|
| |
(ii) the investigation requires coordinated and concerted action by the Member States (including the State) concerned,
|
|
| |
the Competent Authority may request the competent authority or authorities of that other Member State or those other Member States to establish a joint investigation team to investigate the offence, suspected offence or conduct concerned.
|
|
| |
(2) A request under subsection (1) shall specify the following:
|
|
| |
(a) the competent authority making the request,
|
|
| |
(b) the purpose of the request,
|
|
| |
(c) the conduct to be investigated,
|
|
| |
(d) the identity and nationality (if known) of the person or persons whose conduct is to be investigated,
|
|
| |
(e) proposals in respect of the membership of a joint investigation team, and
|
|
| |
(f) the period for which a joint investigation team is required.
|
|
| |
(3) The Competent Authority shall furnish to the other competent authority or authorities concerned such other information (if any) as is specified to the Competent Authority and is reasonably required by that authority or those authorities to decide whether or not to agree to establish a joint investigation team.
|
|
| |
(4) Where any of the competent authorities concerned accedes to a request under subsection (1), the Competent Authority may, subject to this Act, agree with that authority and any other competent authority concerned to establish a joint investigation team to investigate the offence, suspected offence or conduct concerned.
|
|
| |
(5) The Competent Authority and the competent authority or authorities concerned may, pursuant to an agreement under subsection (4), establish a joint investigation team.
|
