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 703.

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 n/a for defendants

* 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 suspect 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 suspect may be entitled to claim; Any caution or formal notification of rights which should be given to the suspect under the law of the requesting state.

b. Other useful information

Please provide: A proposed time of day that the link should be heard and the length of time that the suspect 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 suspect(s); 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