Fiches Belges: United Kingdom (Third Country)
Access to public documents in judicial files (404) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, public documents such as court certificates, births, deaths and marriages are available.
Member States should request court certificates directly from the relevant court. A copy of the criminal record must be attached to the request, which will also contain the name of the sentencing court.
Requests from Member States sent to the Home Office or Crown Office in error, will be referred to the relevant court (if the name of the court has been provided by the requesting state), but this may delay a substantive response. |
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
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3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | The relevant Court
Court Finder link below:
https://www.gov.uk/find-court-tribunal
| * execute/recognise the measure (if other than the receiving authority) | The relevant Court
Court Finder link below:
https://www.gov.uk/find-court-tribunal
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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 | A copy of the criminal record must be attached to the request. | b. Other useful information | In England & Wales and Northern Ireland, all criminal cases start in the Magistrates Court. More serious cases are then transferred to the Crown Court. The name of the court of conviction and date of sentence can be found on the criminal record.
In Scotland, the prosecutor can raise proceedings in the Justice of the Peace Court or Sheriff Court. Cases related to serious crime begin in the Sheriff court and can then continue to proceed there or be transferred to the High Court of Justiciary.
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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