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Mutual Legal Assistance

HM Procureur is the central authority for providing mutual legal assistance. This is the process whereby one jurisdiction (the requested state) takes steps to assist another (the requesting state) for the purposes of investigations or proceedings under the criminal justice system (including in rem civil proceedings related to the proceeds of crime) in the requesting state.

These steps may include one or more of the following measures:

Because of their coercive nature, the first three measures listed above are subject to a dual criminality test. In broad terms this means that assistance will only be provided if the criminal conduct underlying the request for assistance is conduct which would constitute an indictable offence under the law of the Bailiwick if it occurred within the Bailiwick.

In addition, a number of international instruments relating to mutual legal assistance have been extended to the Bailiwick, such as the  Council of Europe Convention  on Mutual Legal Assistance in Criminal Matters, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime and the United Nations Convention against Corruption. Where a request for mutual legal assistance is made under one of these instruments, HM Procureur will comply with any obligations imposed under that instrument that are relevant to the request in question (for example, the obligations under the United Nations Convention against Corruption in respect of the return of assets to the requesting jurisdiction).

As Guernsey is not a member state of the European Union, it is not subject to Directive 2014/41EU for implementing European Investigation Orders. Therefore, requests for assistance from relevant authorities of member states of the European Union should be made under the mechanisms outlined above.

A Handbook setting out further information on the provision of mutual legal assistance is currently under preparation. In the meantime, an earlier version is available here pdf icon MLA Handbook [221kb]but please note that some of the contact points in this document have been changed and the following contact points for assistance should be used:

Financial Intelligence Enquiries

Economic Crime Division, Law Enforcement
Ozanne Hall
Mignot Plateau
Cornet Street
St Peter Port
Guernsey
Channel Islands
GY1 1LF

Email: fiu@gba.gov.gg

Tel: 00 44 (0)1481 714081, Fax: 00 44 (0)1481 710466

Legal Enquiries

If you have a question relating to the legislation concerning mutual assistance matters in the Bailiwick of Guernsey, queries should be directed to the office of: 

HM Procureur
Law Officers of the Crown 
St. James' Chambers 
St. Peter Port 
Guernsey 
Channel Islands 
GY1 2PA 

e-mail: law@gov.gg

Tel: 00 44 (0) 1481 723355, Fax: 00 44 (0)1481 725439 

The Law Officers of the Crown are open between 9.00am and 5.00pm Monday to Friday with the exception of Public Holidays.

The Bailiwick of Guernsey is in the same time zone as the United Kingdom.

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