Fiches Belges: United Kingdom (Third Country)

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

Yes, it allows the authorised officer to enter the premises in question and search the premises to the extent reasonably required for the purpose of discovering any evidence relating to the offence. A warrant issued by a court is necessary for a search to take place. If the evidence requested can be obtained without obtaining a search warrant (e.g. a production order) an alternative method will be used instead.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA European Convention on Mutual Assistance in Criminal Matters 1959 2000 EU Mutual Legal Assistance Convention

* 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 Tax offences in England and Wales (apart from under Council Framework Decision 2003/577/JHA) contact: HMRC Criminal Law Advisory Team HM Revenue and Customs Solicitor's Office Room 2E/10 100 Parliament Street London SW1A 2BQ Scotland contact: International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA

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

Under Council Framework Decision 2003/577/JHA the Freezing Order will be recognised by the court nominated by the central authority and executed by law enforcement Under the European Convention on Mutual Assistance in Criminal Matters 1959/2000 EU Mutual Legal Assistance Convention if the request is accepted the central authority will direct the relevant law enforcement agency to apply to the court for a warrant.

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

Requests must include: The conduct, if it occurred in England and Wales or Northern Ireland, would constitute an indictable offence (dual criminality); 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; and  The material does not consist of or include items subject to legal privilege, excluded material or special procedure material; It is not practicable to communicate with any person entitled to grant entry to the premises; or Although it is practicable to communicate with a person entitled to grant entry to the premises it is not practicable to communicate with any person entitled to grant access to the evidence; or Entry to the premises will not be granted unless a warrant is produced; or The purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

b. Other useful information

Where possible agents of the requesting state should request participation in the search. 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