This document summarizes mutual legal assistance (MLA) between countries. It discusses how MLA requests are made through a central authority, usually the attorney general's office, and the challenges that can arise with MLA. These challenges include differences in legal systems, costs, relationships between countries, and effectiveness of authorities. The document outlines the process central authorities follow to make an MLA request (R-request assistance, S-send the request, I-implement the request, P-provide evidence/information). It provides examples of when informal mutual assistance between police forces can occur instead of formal MLA.
This document summarizes mutual legal assistance (MLA) between countries. It discusses how MLA requests are made through a central authority, usually the attorney general's office, and the challenges that can arise with MLA. These challenges include differences in legal systems, costs, relationships between countries, and effectiveness of authorities. The document outlines the process central authorities follow to make an MLA request (R-request assistance, S-send the request, I-implement the request, P-provide evidence/information). It provides examples of when informal mutual assistance between police forces can occur instead of formal MLA.
This document summarizes mutual legal assistance (MLA) between countries. It discusses how MLA requests are made through a central authority, usually the attorney general's office, and the challenges that can arise with MLA. These challenges include differences in legal systems, costs, relationships between countries, and effectiveness of authorities. The document outlines the process central authorities follow to make an MLA request (R-request assistance, S-send the request, I-implement the request, P-provide evidence/information). It provides examples of when informal mutual assistance between police forces can occur instead of formal MLA.
This document summarizes mutual legal assistance (MLA) between countries. It discusses how MLA requests are made through a central authority, usually the attorney general's office, and the challenges that can arise with MLA. These challenges include differences in legal systems, costs, relationships between countries, and effectiveness of authorities. The document outlines the process central authorities follow to make an MLA request (R-request assistance, S-send the request, I-implement the request, P-provide evidence/information). It provides examples of when informal mutual assistance between police forces can occur instead of formal MLA.
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SUMMARY
In the UK, the CA is the Home Ofce. In Civil Law
juis!ictions, the CA is usuall" the #u!icial Authoit". MU$UAL L%&AL ASSIS$A'C% A teat" a(ee! )" vaious counties ma*es it easie +o counties to ,ecisel" *now cicumstances wheein the e-uest .MLA/ ma" )e (ante! o e+use!. $his is !one thou(h a +omal e-uest )" a Cental Authoit" o a !esi(nate! authoit" in the e-uestin( state. $his woul! )e !one )" sen!in( a lette o+ e-uest )" the e-uestin( state to the e-ueste! state. In this case, it is CO%RCI0%. Obtain !etails o+ a )an* account in anothe count" (besides a country in Europe/Schengen Country). Organise a seach o+ a ,o,et" in anothe count" for evidence of the crime. Obtain a statement +om a Ke" 1osecution 2itness in another jurisdiction. Obtain statement +om a witness not wantin( to come to the e-uestin( state. RA3AK .You nee! a leave +om the cout )" vitue o+ s.45 .6/.a/ o+ the Ciminal #ustice Act 6788 +o "ou to (et evi!ence )" 0i!eo Lin*. Howeve, in the case o+ 3iane .5997/, it was hel! that the cout woul! not (ant leave in cicumstances whee "ou nee! to (et evi!ence ove the tele,hone. Obtain access to intercept evidence obtained by a a! Enforcement agent in another country. Obtain e"pert eva#uation. Counties si(ne! to the %uo,ean Convention on Mutual Assistance in Ciminal Mattes ma" !iectl" ma*e an MLA e-uest. CHAL%'&%S $he challen(es o+ MLA can )e !esci)e! as CRA3L% ega# System i.e. Common a! or Civi# a!. Cost i.e. $he cost of getting such assistance compared to the magnitude of the C%&'E and a#so carrying out S(%)E&*+CE. *ttitude i.e. $he attitude of the state to!ards giving assistance to the re,uesting state. %e#ationship i.e. $he re#ationship of both states !hether cordia# or hosti#e to faci#itate the '* re,uest. -omestic a! i.e. &f the domestic #a! of the re,uested and re,uesting state permits re,uest for such evidence and a#so. if the means through !hich the evidence obtained in #ega# in the re,uesting state. E/ectiveness i.e. $he e/ectiveness of the re,uested state !ou#d depend on the e"perience and e"pertise of the sta/ in the Centra# *uthorities and re#evant agencies. &n the case of '*. there are :S$A&%S !hich the C%'$RAL AU$HORI$Y has to ta0e and it is ca##ed RSI1 R1 %e,uest assistance from the other state2 N.B. An accused person can also make a request but it can only be done after being charged with a criminal ofence. S1 Send the re,uest to the other state2 i.e. usua##y to the C* of the re,uested state by means of a L%$$%R RO&A$ORY. It is essential that it is in the ;ORM A'3 LA'&UA&% e-uie! )" the e-ueste! state. %.&. S2I$<%RLA'3 I1 &mp#ement the re,uest2 i.e. $he re,uested state cannot be forced to provide the assistance even if it is in the proper form as the C* in the re,uested state sti## has to decide !hether it !ou#d be ab#e to comp#y. 11 3rovide evidence/information. i.e. $he re,uested state has to provide the evidence/information to the re,uesting state once the re,uest is received and be sent to the agency that needs the re,uest. '.=. $H% ;AILUR% O; MLA HAS $O 3O 2I$H $H% %;;%C$I0%'%SS O; $H% C%'$RAL AU$HORI$Y O; $H% R%>U%S$%3 S$A$%. '.= I' MOS$ COMMO'2%AL$H COU'$RI%S, $H% A$$OR'%Y &%'%RAL USUALLY AC$S AS $H% C%'$RAL AU$HORI$Y. '.= MLA CA' =% %?1%'SI0% I' SOM% I'S$A'C%S A'3 $H% R%>U%S$I'& S$A$% CA' O;;%R $O 1RO0I3% ;I'A'CIAL ASSIS$A'C% $O $H% R%>U%S$%3 S$A$% 2HICH $H% I';ORMA$IO' IS '%%3%3 ;ROM. '.= A' ACCUS%3 1%RSO' CA' ALSO MAK% A' MLA R%>U%S$ =U$ $HIS IS O;$%' O'LY 1OSSI=L% A;$%R =%I'& CHAR&%3 2I$H A CRIMI'AL O;;%'C%. UK MLA Cime .Intenational Co@o,eation/ Act 5994 s.AB Imme!iatel" investi(ation stats, MLA can )e e-ueste! s.8 .6/.a/B $he ,lace whee the e-uest can )e sent +om the e-uestin( state i.e. $he cout o+ the e-ueste! state. s.8 .6/.)/B $his can also )e +om a eco(nise! authoit" that eceives e-uests o+ that *in!. 3IR%C$ $RA'SMISSIO' $his is also an MLA e-uest which can )e !one )" a !esi(nate! ,osecution authoit" i.e. 3iecto o+ S;O, Attone"@&eneal, Ma(istate Cout etc. $his has to do !ith E(/Schengen states as the re,uesting state does not have to fo##o! the forma# system of ma0ing re,uests from the other state. 4o!ever. there are certain cases in !hich this !ou#d not app#y and they RAR RB R%S$RAI'$ A'3 CO';ISCA$IO' AB ACCOU'$ MO'I$ORI'& OR CUS$OM%R I';ORMA$IO' OR3%R %?C%1$IO'S 3B R%>U%S$%3 S$A$% 3OM%S$IC L%&ISLA$IO' 3O%S 'O$ ALLO2 ;OR I$ MU$UAL ASSIS$A'C% $his is whee the e-uest in the e-ueste! state woul! not involve the use o+ coecive ,owe. A ,olice to ,olice MA can )e e-ueste! which woul! involve the ,olice o+ the e-uestin( state assistin( in the investi(ation e-ueste! +o in the e-ueste! state. $his is in+omal an! woul! )e !one )"B Obtain detai#s about the owneshi, o+ a ,o,et" 1U=LIC R%COR3S Obtain detai#s about the owneshi, o+ a com,an" Chec0 !hether someone has a previous conviction