Mutual Legal Assistance / International Cooperation and Asset Recovery

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:

• Obtaining  documents for use as evidence  in the requesting state,

• Freezing, seizure, or confiscation of assets within the requested state (and where appropriate sharing those assets with the requesting  state),

• Freezing, seizure, or confiscation of the instrumentalities of crime within the requested state,

• Taking evidence on oath from persons within the requested state which can then be admitted as evidence in the requesting state,

• Service of judicial documents from the requesting state (e.g. a witness summons) on persons within the requested state,

• Facilitating the voluntary appearance of persons for the purpose of providing information or testimony to the requesting state.                                                                                                     

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.