Fiches Belges: United Kingdom (Third Country)
Invasive body search (302) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes but only in very limited circumstances and only if the subject of the search provides their express consent to the search taking place.
The UK has no power to compel an individual to provide a DNA sample or any other form of invasive body search on behalf of an overseas investigation
An intimate (invasive) search is a search that consists of a physical examination of a person’s body orifices other than the mouth. |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | European Convention on Mutual Assistance in Criminal Matters 1959
2000 EU Mutual Legal Assistance Convention |
3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | England or Wales or Northern Ireland contact:
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
Tax offences in England and Wales contact:
HMRC
Criminal Law Advisory Team
HM Revenue and Customs
Solicitor's Office
Room 2E/10
100 Parliament Street
London
SW1A 2BQ | * execute/recognise the measure (if other than the receiving authority) | The relevant police force. |
4. ACCEPTED LANGUAGES |
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. |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | N/A | b. Other useful information | There are less invasive means of searching which should be used wherever possible. Ultrasound or X-ray is the most suitable alternative technique.
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 |
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