Fiches Belges: United Kingdom (Third Country)

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

Yes, on a case by basis where there is a clear link to the UK.

International legal framework applicable for this measure in your Member State

None, the UK has a reservation under Article 21of the European Convention on Mutual Assistance in Criminal Matters 1959 and is not party to the European Convention on the Transfer of Proceedings in Criminal Matters 1972

* 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 in England and Wales 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)

In England, Wales and Northern Ireland it is up to the police to decide whether an investigation is conducted. In Scotland the Crown Office will instruct the police to commence an investigation and shall consider the results before any decision on prosecution is made

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)

If accepted, the case will be given the same status and priority as would be given to a similar domestic case

a. Special requirements

Dual criminality applies A clear established link to the UK (a UK bank account alone will not be a sufficient link) De minimis policy 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