Scotland's Place in Europe: security, judicial co-operation and law enforcement

Report setting out our position on the importance of maintaining a close relationship with the EU in relation to security, law enforcement and criminal justice.



2. Security, law enforcement and criminal justice: a future partnership paper; was published by the UK Government on 18 September 2017 and is available at: :

3. Framework for the UK - EU Security Partnership was published by the UK Government on 9 May 2018 and is available at: Scotland's Place in Europe was published by Scottish Government in December 2016 and is available at: /publications/scotlands-place-europe/.

4. Scotland's Place in Europe: People, Jobs and Investment was published by the Scottish Government in January 2018 and is available at:

5. /news/scotlands-future-in-the-eu/.

6. In this context "jurisdiction" refers to a particular geographic area which has its own legal system. The other legal jurisdictions of the UK are England & Wales and Northern Ireland.

7. Stuart v. Stuart and Moore (1861) r Macq 1, 49; quoted by Lord Hope of Craighead in R v. Manchester Stipendiary Magistrate [2001] 1 AC 300, 304.

8. The Acts of Union of 1706 and 1707 merged the Kingdom of Scotland and the Kingdom of England to form the new Kingdom of Great Britain with Scotland retaining its own legal and education systems and a separate Church.

9. Before devolution the Lord Advocate was a Minister in the UK Government.

10. Scotland Act 1998, s. 48(5).

11. Crime (International Co-operation) Act 2003; Criminal Justice (European Investigation Order) Regulations 2017, S.I. 2017/730.

12. Mutual legal assistance is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. Modern states have developed mechanisms for requesting and obtaining evidence from other jurisdictions for criminal investigations and prosecutions.

13. See footnote 3.

14. The term 'third country' is used in EU Treaties, where it means a country that is not a member of the European Union.

15. A copy of the Prime Minister's speech of 17 February 2018 is available at:

16. See footnote 3 and page 13 of the Framework.

17. The UK participation in EU legislation on JHA is principally governed by Protocols 19 and 21 to the Treaty on European Union ( TEU) and the Treaty on the Functioning of the European Union ( TFEU).

18. See footnote 3 and page 19 of the Framework.

19. Safe, Secure & Prosperous: A Cyber Resilience Strategy for Scotland was published by the Scottish Government on 18 November 2015 and is available at:

20. Judicial co-operation in criminal matters is based on the principle of mutual recognition of judgments and judicial decisions.

21. The European Commission is the EU's politically independent executive arm. It is responsible for drawing up proposals for new European legislation, implementing the decisions of the European Parliament and the Council of the EU and managing day to day business of the EU.

22. The Schengen Agreement is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished.

23. The Common Travel Area is a special travel zone between the Republic of Ireland and the UK, Isle of Man and Channel Islands. Nationals of Common Travel Area ( CTA) countries can travel freely within the CTA without being subject to passport controls. Non- CTA nationals must have the relevant immigration permission for the country they are seeking to enter. Until the UK exits the EU, citizens of EEA Member States have prevailing rights of entry and residence in the UK and Ireland under EU 'free movement' law.

24. See footnote 3 and page of the Framework.

25. The list of EU measures in this table sets out the main pieces of EU legislation for each area. It does not list all the amendments that have been made to each particular EU measure.

26. The EU measures which are listed in this entry are those which provide the legal basis for SIS II; the operations of SIS II are supplemented by a number of other EU measures which are not been listed here.

27. In the asset recovery/confiscation field there is also a Council of Europe Convention of 16th May 2005 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism.

28. There are other EU measures which regulate the illicit manufacturing and trafficking of firearms (Council Decision 2014/164/ EU of 11 February 2014) and set common guidance on deactivation standards for firearms (Commission Implementing Regulation ( EU) 2015/2403 of 15 December 2015).


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