Fiches Belges: United Kingdom (Third Country)

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, this measure allows for intercepting a telecommunications system (public or private) in the course of transmission by modifying, interfering with the telecommunications system, or monitoring transmissions. International requests for assistance in the interception of communications can only be made under Articles 17 to 22 of 2000 EU Mutual Legal Assistance Convention, can only be authorised for the purpose of preventing/detecting serious crime, and the “intercept product” cannot be used in proceedings (it can only be used as intelligence).

International legal framework applicable for this measure in your Member State

2000 EU Mutual Legal Assistance Convention

* receive the request/decision for judicial cooperation

UK Central Authority International Criminality Unit Home Office 3rd Floor Seacole Building 2 Marsham Street London SW1P 4DF Scotland contact: International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA

* execute/recognise the measure (if other than the receiving authority)

If the request is accepted, the request will be referred to the relevant law enforcement agency.

Accepted languages for the request/decision

All requests should be in English. If an English translation is not provided, is incomplete, or is not carried out to a high professional standard, the request will be sent back to the requesting authority.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

The following is required • Confirmation that interception is necessary for the purpose of preventing or detecting serious crime, serious crime means; o the offence or one of the offences is one in which a person who has attained the age of twenty-one (eighteen in England and Wales) and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more; or o the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose. • Explanation of why the objectives of the investigation cannot be achieved by other means; • Explanation of how interception is proportionate to what is sought to be achieved; • Explanation of whether the privacy of any individual not under investigation will be infringed, and why the circumstances of the case justify such an intrusion; and • An assurance that any intercept product will be handled in accordance with any restrictions imposed regarding disclosure/admissibility is also required.

b. Other useful information

The link below gives information for competent authorities abroad about obtaining evidence within the UK (or abroad) to assist in criminal investigations or proceedings: https://www.gov.uk/guidance/mutual-legal-assistance-mla-requests