Mutual legal assistance

The term 'mutual legal assistance' (MLA) refers to formal cooperation between sovereign states in criminal investigations and proceedings. Mutual legal assistance includes the provision of information and evidence to other jurisdictions and making witnesses available to foreign trial courts. Many mutual legal assistance treaties (MLATs) also include provision for service of legal documents and for freezing and recovery of assets. Most MLATs do not cover arrest and extradition, transfer of criminal proceedings or repatriation of prisoners.

The Crime (International Co-operation) Act 2003 (C(IC)A 2003), the Proceeds of Crime Act 2002 (POCA 2002) and Part 49 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) provide the domestic framework for mutual legal assistance to overseas jurisdictions and incoming requests. Practitioners are also encouraged to consult the 'Mutual Assistance Guidelines for the UK' (MLA Guidelines) published and regularly and updated by the Home Office.

Generally, MLA requests fall into two broad categories:

•
requests for evidence, and
•
requests for restraint and enforcement of confiscation orders (under POCA 2002)

Most MLATs are obtained through a system of Central Authorities who

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