Fiches Belges: United Kingdom (Third Country)

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

Yes, this is where a witness in the UK gives evidence by telephone from a UK court in criminal proceedings before a court in the requesting state. Under section 31 of the Crime (International Cooperation) Act 2003 the UK is able to respond to requests for assistance in allowing telephone hearings at the request of a "participating country". All EU countries are participating countries.

International legal framework applicable for this measure in your Member State

2000 EU Mutual Legal Assistance Convention European Convention on Mutual Assistance in Criminal Matters 1959

* 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

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

If the request is accepted, the central authority will nominate the relevant court to conduct the hearing (and summon the witness if required).

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)

Please provide at least eight (8) weeks notice to arrange the hearing.

a. Special requirements

The following must be provided: Details of the requirements of the procedure to be followed in taking the evidence, including any rules on privilege which a witness may be entitled to claim; Any caution or formal notification of rights which should be given to the witness under the law of the requesting state.

b. Other useful information

Please provide: A proposed time of day that the telephone call should be heard and the length of time that the witness is required; Email address of someone in the requesting authority that can be contacted at short notice who will provide technical assistance; Sufficient information to enable the central authority to identify and contact the witness(es); Details (if known at the time) of the technical requirements for establishing the link to ensure compatibility. 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