Fiches Belges: United Kingdom (Third Country)

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

The provisions in UK domestic law state that a person charged with an offence cannot be compelled to give evidence in his own trial. For suspects see measure 701.

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

* 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 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 central authority will nominate the relevant court to receive the evidence 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)

N/A

a. Special requirements

The following must be checked when dealing with a witness: Clear identification as to whether the witness is a suspect and what rights must be read to them; The subject consents to an interview/providing a statement; and/or If evidence is required on oath, a Magistrates Court must be nominated to receive the evidence. De minimis may be applied

b. Other useful information

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