Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: United Kingdom (Third Country)

Invasive body search (302)

1. MEASURE IMPLEMENTATION

United Kingdom (Third Country)

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

United Kingdom (Third Country)

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:

United Kingdom (Third Country)

* 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

United Kingdom (Third Country)

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

United Kingdom (Third Country)

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

United Kingdom (Third Country)

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

Last reviewed on 6 July 2016 by EJN Secretariat

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2020 EJN. All Rights Reserved