Fiches Belges

Yes, witness interviews in the UK are voluntary, are conducted by the police, and are not ordinarily taken in court. Therefore, if it is not necessary for the witness to be heard in court, statements or interviews can be obtained directly or through police cooperation. Where a court hearing is required, judicial cooperation must be used and the UK can arrange for witness statements to be sworn in court on behalf of a foreign jurisdiction. Child witnesses are interviewed by specialist trained police officers. The UK’s criminal procedure does not make a distinction between the concepts of hearing persons collaborating with the inquiry and hearing witnesses: standard procedure. The UK’s criminal procedure does not make a distinction between the concepts hearing victims/plaintiffs and hearing witnesses: standard procedure. The UK’s criminal procedure does not make a distinction between the concepts of hearing experts and hearing witnesses: standard procedure. The provisions in UK domestic law state that a person charged with an offence cannot be compelled to give evidence in his own trial.

European Convention on Mutual Assistance in Criminal Matters 1959 2000 EU Mutual Legal Assistance Convention

* receive the request/decision for judicial cooperation England or Wales or Northern Ireland contact: UK Central Authority International Criminality Unit Home Office 3rd Floor Seacole Building 2 Marsham Street London SW1P 4DF Scotland contact: International Co-operation Unit Crown Office 25 Chambers Street Edinburgh EH1 1LA Tax offences contact: HMRC Criminal Law Advisory Team HM Revenue and Customs Solicitor's Office Room 2E/10 100 Parliament Street London SW1A 2BQ * execute/recognise the measure (if other than the receiving authority) If the request is accepted, where a court hearing is not required, the central authority will refer the request to the relevant law enforcement agency for execution. Where a court hearing is required, the central authority will nominate the relevant court to receive the evidence from the witness.

All requests should be in English. If an English translation is not provided, is incomplete, or is not carried out to a high professional standard, the request will be sent back to the requesting authority.

N/A

a. Special requirements The following must be checked when dealing with a witness: The subject consents to an interview/providing a statement; and/or If evidence is required on oath, a Magistrates Court must be nominated to receive the evidence. De minimis may be applied. The following must be checked when dealing with a suspect: Clear identification as to whether the witness is a suspect and what rights must be read to them; The subject consents to an interview/providing a statement; and/or If evidence is required on oath, a Magistrates Court must be nominated to receive the evidence. De minimis may be applied . b. Other useful information The link below gives information for competent authorities abroad about obtaining evidence within the UK (or abroad) to assist in criminal investigations or proceedings: https://www.gov.uk/guidance/mutual-legal-assistance-mla-requests