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UK AND THE UAE: MUTUAL LEGAL ASSISTANCE

01 March 2021 - Ernest
  1. Mutual legal assistance is a method for countries to request and provide help in obtaining evidence located in one country, in order to assist with a criminal investigation or proceedings in another country

  2. UK and the UAE

  3. The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates are parties to a mutual legal assistance agreement.
  4. The UK and the UAE have agreed to provide each other the widest measure of mutual legal assistance, for the purpose of proceedings related to criminal matters. This includes any measure or step taken in connection with the investigation or prosecution of criminal offences.
  5. This assistance includes:
    1. Taking the testimony or statements of persons including by video conference or television link, according to the domestic law of the Requested Party;
    2. Providing documents, records and other evidentiary material;
    3. Serving documents;
    4. Locating or identifying persons or items where required as part of a wider request for evidence;
    5. Transferring persons in custody as witnesses;
    6. Obtaining judicial orders necessary for the production of documents or records, search or seizure;
    7. Restraining, seizing, confiscating and disposal of proceeds of crime and assistance in related proceedings;
    8. Return of assets, in accordance with domestic law of the Requested Party;
    9. Sharing of confiscated assets or their equivalent funds;
    10. Where appropriate and agreed, and in accordance with the domestic law, permitting officers and prosecutors to be present during the execution of the request;
    11. Such other assistance as may be agreed between the Parties.
  6. This is a complex area of the law, involving difficult multi-jurisdictional issues. There may be grounds for refusal of assistance. It is important to get legal advice.