Fiches Belges: United Kingdom (Third Country)

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

Yes, this is where a Court issues an order to produce documents held by a party. Production orders are used to obtain “special procedure material” which includes communications content, banking evidence, journalistic material and records held by accountants etc. In England & Wales and Northern Ireland, once a request is accepted by the central authority, the central authority will issue a direction law enforcement to apply to the court for a production order. In Scotland, a direction is sought from the Requested Advocate will crave a search warrant. The respondent will then submit the relevant documentation to the police in answer to the warrant which in turn will be forwarded to the requesting authority. The same criteria for a domestic production order applies.

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 This material could also be sought using the Freezing Order (see measure 502)

* 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)

If the request is accepted, the Court will consider an application.

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

To accept a request for a production order, the following criteria must be met: The conduct, if it occurred in England and Wales or Northern Ireland, would constitute an indictable offence (dual criminality); There is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); There is material on premises which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; The material would be relevant evidence; Other methods of obtaining the material have been tried without success or have not been tried because it appeared that they were bound to fail; It would be in the public interest.

b. Other useful information

If the evidence has to be sworn in court by the holder of the information in order to be admissible in proceedings, please include this requirement in the request. Please note that the Home Office receives a high volume of requests to obtain production orders for banking evidence in England & Wales. 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