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Overview
Whether relating to a crime abroad or spanning multiple jurisdictions 9BR Chambers offers strategic advice to private and business clients offering innovative methods and a deep understanding of MLA mechanisms.
Our extradition barristers advise clients on mutual legal assistance whether they are witnesses or suspects in criminal investigations, or individuals seeking evidence from abroad. 9BR Chambers routinely provides guidance on international treaties and conventions that govern MLA and how to pursue judicial review of decisions in the requesting or issuing state.
What is Mutual Legal Assistance?
National borders do not act as barriers to crime, and many serious cases require the collection of evidence from multiple jurisdictions. States have developed Mutual Legal Assistance (MLA) systems to assist each other in investigating and prosecuting crimes committed abroad or spanning multiple countries.
MLA is a formal process through which a state can request evidence or other assistance from another state to support a criminal investigation or prosecution. Following Brexit, the UK established a new MLA mechanism with the EU in the Trade and Co-operation Agreement 2020 (TCA). This mechanism resembles the European investigation order (EIO) and builds upon older multilateral treaties adopted in the Council of Europe. In each domestic legal system, a requested state must establish a legal framework to process requests on behalf of a requesting country. The UK's legislative framework is outlined in the Crime (International Co-operation) Act 2003.
MLA encompasses simple requests, such as serving a document on someone, to more formal and complex ones like requesting:
- An individual to provide evidence as a witness or suspect in a foreign jurisdiction;
- An interview with a person as a suspect;
- The enforcement of a foreign confiscation order or asset freeze;
- Search and seizure;
- The location and/or identification of a person; and
- The temporary transfer of a prisoner who consents to assist with foreign criminal proceedings.
Under the TCA, there is a standard form for seeking MLA, and a special title dedicated to the mutual recognition of asset freeze and asset confiscation requests. When seeking assistance from non-EU countries, requests are typically made through an international "Letter of Request" (ILOR), also known as a "commission rogatoire" (letter rogatory).
In 2020, the European Public Prosecutor’s Office (EPPO), which investigates crimes affecting the EU’s financial interests and whose jurisdiction covers 22 of the 27 EU States, began operation. Since then, there has been an increase in cross-border investigations and evidence requests across the EU and to third countries, including the UK. It is essential to understand EU rules and procedures to challenge EPPO’s investigative measures or the use of EU cooperation instruments for transferring evidence or enforcing orders.
9BR Chambers possesses particular expertise in this field and has access to an extensive network of professional contacts across Europe. Members are thus ideally positioned to comprehend and provide advice on the different legal systems in requesting states.
