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EFTA00022206 | EFTA00022238 B. UK Requests to Foreign States for Assistance [A.7.134] offence,' or a fiscal offence; or where execution of the request is likely to prejudice the sovereignty, security, ordrepublic, or other essential interests of the requested state. I It v Stereuny ofStatefn. the Home Department ex, Fininvest Spa [1997] I WLR 743.758-64. Where assistance is refused then mutual assistance treaties generally require reasons to be A.7.132 given.' Art 4(3) ofthe EU Convention on Mutual Assistance in Criminal Matters provides that if the request cannot, or cannot fully, be executed in accordance with the requirements set by the requesting Member State, the authorities of the requested Member State must inform the requesting Member State and indicate the conditions under which it might be possible to execute the request. Eg European Convention on Mutual Assistance. An 19: EU Convention on Mutual Assistance. Art 4(3); Commonwealth Scheme. pars 5(2)(b). (f) Permitted use, admissibility, and return of the evidence (0 Restrictions on collateral use CICA 2003, s 9, applies to evidence obtained pursuant to a request for assistance under s A.7.133 7. S 9(2) limits the use to which the evidence can be put in the UK. The evidence may not, without the consent of the `appropriate overseas authority', be used for any purpose other than that specified in the request.' The appropriate overseas authority means the authority recognized by the government of the country in question as the appropriate authority for receiving requests of the kind in question (s 9(6)). This rule is analogous co the specialty rule in extradition law.. For a discussion of the relevant principles see R v 1[2008] EWCA Crim 3062. See also XYZ v Revenue and Customs Comm [20101EWHC 1645 (Ch). Agana( v HMRC[2011) STC 1000. and Crown Prosecution Service v G011;1120131 NM 276. The effect of this provision is to render inadmissible in evidence material obtained under s A.7.134 7 in any criminal investigations or proceedings other than those materials explicitly specified in the letter ofrequest.' S 9 also renders evidence so obtained inadmissible in civil proceedings.2 The prohibition on onward use also includes onward disclosure.3 The prohibition continues notwithstanding that evidence is adduced in open court in the United Kingdom? However, once the materials are adduced in open court, s 9 does permit the information so adduced to be used by others as a springboard for conducting independent enquiries with a view to obtaining evidence.5 I Gooch [1999] 1 Cr App R (S) 283. It is not, however. necessary for evidence to be obtained pursuant ro a mutual legal assistance request in order for it CO be admissible in proceedings in the UK. The Crime (International Cooperation) Act 2003 (and related international agreements) are enabling in their name; in other words, they simply provide a mechanism through which the UK is able formally to seek assistance.They do not operate co preclude countries from providing material on ocher bases, nor is there any bar co the UK authorities seeking evidence via less formal means: see. eg, R v Redmond[2009) 1 Cr App R. 25 ac pan 25 in particular. See. co similar effect. R (Akarcay) v ChiefConstable ofWest Yorkshire 120171 EWHC 159 (Admin). 2 Authority Co the contrary (BOCLte antianother v Instrument Technology Laandothers(2002) QB 537) was held in Crown Prosecution Service v Gohil120131 Fam 276 co have been decided per incuriam. 3 Crown Prosecution Service v Gobi, [2013) Fam 276. para 38. 4 Good, [1999] 1 Cr App R (S) 283; Crown Prosecution Service v Gokil [2013) Fam 276 para 40. 5 Crown Prosecution Service v Gohil12013) Fam 276. para 41. Fraud A-7033 EFTA00022238
February 13, 2026 at 1:43 AM