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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Crime (Overseas Production Orders) Act 2019 marks a major departure in the current mutual legal assistance regime in relation to gathering electronic evidence from overseas. Receiving Royal Assent on the 12 February 2019, the act gives powers to law enforcement to apply for an Overseas Production Order (OPO) to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime.
Last year, a report from Dubai spoke of the attempts by a mother to recover her daughter, apparently kidnapped by the child’s father and taken to Russia. The mother had been awarded custody in the Personal Status Court (PSC) of Dubai in circumstances where an extradition request had been made against her by the Russian authorities.
On 18th January 2019 Kingsley Napley will host its second International Criminal Law Conference, at The Charterhouse in Clerkenwell. The afternoon event, introduced by Rodney Dixon QC, will see two expert panels consider themes under the heading “Closing the Impunity Gap: Accountability for individuals and corporates for international crimes.”
In the case of Lazarov v Bulgaria the High Court found itself in some legal difficulty as it sought to deal with an appeal against an extradition judgment from Westminster Magistrates’ Court that was replete with mistakes.
The Overseas Production Order (OPO) marks a sea-change in the ability of law enforcement to gather electronic evidence overseas. Introduced under the Crime (Overseas Production Order) Bill this would give law enforcement agencies and prosecutors the power to apply for an OPO to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime. This is a radical departure from the current mutual legal assistance regime.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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