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EFTA00022206 | EFTA00022237 (A.7.127) Chapter A7: Mutual Legal Assistance in Cases of Fraud A.7.127 Rule 49.3 of the Criminal Procedure Rules 20131 provides that where a request for assistance under s 7 is made by a justice of the peace or a judge exercising the jurisdiction of the Crown Court, and is sent in accordance with s 8(1), the justices' clerk or the Crown Court officer must send a copy of the letter of request to the Secretary of State as soon as practicable after the request has been made. 1 SI 2015/1490. in force 5 October 2015. A.7.128 S 8(2) provides that if it is a request by a judicial authority or a designated prosecuting authority it may be sent to the Secretary of State' for forwarding to the court or authority mentioned in s 8(1). Indirect transmission via the Secretary of State2 under s 8(2) is necessary if the requested country is not a Member State, if the executing authority is unknown, or ifArt 6(8) of the EU Convention on Mutual Assistance requires transmission via the central authority, Art 6(8) requires that certain types of request for assistance, including requests for the temporary transfer of prisoners and notices ofinformation from judicial records,4 be made through Members States' central authorities. I In Scotland. the Lord Advocate. 2 In practice, the UK Central Authority. 3 See the Explanatory Notes to CICA 2003. pan 40. 4 CIEuropean Convention on Mutual Assistance in Criminal Matters. Art 22. A.7.129 S 8(3) implements Art 6(4) of the EU Convention on Mutual Assistance and provides that in cases ofurgency, a request for assistance may be sent to the International Criminal Police Organisation (Interpol),I or any body or person competent to receive it under any provisions adopted under the Treaty on European Union, for forwarding to any court or authority mentioned ins 8(1).2 I The NCA is the UK's National Bureau ofInterpol. 2 le, Eurojust, established under Titk VI of the Treaty on European Union. (e) Execution of the request and transmission of the evidence to the UK A.7.130 Once the letter has been transmitted, responsibility for its execution lies with the relevant authorities in the requested state.' Mutual legal assistance treaties place obligations on signatories to comply with requests for assistance. Art 1 of the European Convention on Mutual Assistance requires signatories to provide 'the widest measure ofmutual assistance', and Art 3 requires signatories to execute any letter of request 'in the manner provided for by its law'.2 I See generally R v! [2008) EWCA Crim 3062. 2 Pam 5(1) of the Harare Scheme provides that the requested country shall take all reasonable steps to ensure that the request is complied with expeditiously✓. A.7.131 Mutual assistance treaties generally provide discretionary grounds for refusing to provide assistance. For example, Art 2 of the European Convention on Mutual Assistance in Criminal Matters permits a requested state to refuse assistance if the request concerns an offence which it considers to be a political offence, an offence connected with a political A-7032 release 13nul 19 EFTA00022237
February 13, 2026 at 1:43 AM