For a considerable period of time UK authorities have been considering how electronic data can be obtained from service providers, such as Google and Facebook for example, based outside the UK, for the purposes of criminal Investigations and prosecutions.
The Current Position | Kangs Criminal Procedure Advisory Solicitors
- The Investigatory Powers Act 2016 provides for the acquisition of data overseas.
- However, generally, detail acquired in this fashion cannot actually be used in evidence.
- Currently, authorities must seek access to data using Mutual Legal Assistance, which can be cumbersome and slow.
The Proposals | Kangs Criminal Procedure Advisory Team
- The Crime (Overseas Production Order) Bill (‘the Bill’), if given Royal Assent, will introduce powers enabling law enforcement agencies and prosecutors to obtain electronic data directly from the service providers based outside the UK.
- These new powers would enable disclosure of the required data much more quickly and efficiently with the intent that Prosecutors could secure vital evidence during the course of court proceedings.
It was reported recently that the provisions in the Bill will set out the:
- scope and reach of an Overseas Production Order and who may apply for one
- requirements to be met to secure such an Order
- the information to be provided when seeking an Order
- restrictions on serving an Order, including the time periods etc.
- additional safeguards and protections for certain types of data
- the manner of service of an Order.
How Can We Help? | Kangs Serious and Complex Crime Defence Solicitors
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Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
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