Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Yes but only in limited circumstances and only if the subject of the search provides their express consent to the search taking place. It involves the search of a person’s outer clothing. Only in very limited circumstances and only if the subject of the search provides their express consent to the search taking place. The UK has no power to compel an individual to provide a DNA sample or any other form of invasive body search on behalf of an overseas investigation An intimate (invasive) search is a search that consists of a physical examination of a person’s body orifices other than the mouth.

Legal Framework

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters 1959

Competent Authority

* receive the request/decision for judicial cooperation

* 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 in England and Wales 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) The relevant police force

Accepted languages

Accepted languages for the request/decision

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.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

N/A

Concise legal practical information

Special requirements

a. Special requirements There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves b. Other useful information There are less invasive means of searching which should be used wherever possible. Ultrasound or X-ray is the most suitable alternative technique. 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

Last reviewed on 29 July 2022 by EJN Secretariat

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