Mutual Legal Assistance

Introduction

1. For the purposes of providing mutual legal assistance (MLA), the islands of Guernsey, Alderney and Sark form a single jurisdiction called the Bailiwick of Guernsey (Guernsey). Guernsey has been actively involved in MLA for many years and has always taken a co-operative approach with other jurisdictions. Through its constitutional relationship with the United Kingdom, Guernsey is party to a number of international instrument relevant to mutual legal assistance.These include the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters, the 2000 United Nations Convention against Transnational Organized Crime and the 2000 United Nations Convention against Corruption.

2. In order to provide MLA to another jurisdiction, it is not necessary under Guernsey law for Guernsey to have an MLA treaty or other formal agreement in place with that jurisdiction. However, Guernsey will always consider entering into such an agreement if this is required under the law of the requesting jurisdiction.

3. His Majesty's Procureur (H.M. Attorney General) is the central authority for MLA in respect of Guernsey and can assist overseas authorities in:

Criminal investigation or proceedings Criminal [162kb]

Criminal or civil (or in rem) recovery of the proceeds of crime Civil Asset Recovery [103kb]

Extradition of persons within Guernsey to the requesting state Extradition [120kb]

Annexes MLA Annexes [97kb]

Letters Of Request (LORs) Checklist

1	Letter-headed paper of the requesting authority.
2	Details of the requesting authority, and name, email address and telephone number of a contact person.
3	One signed original letter and one translation of the request into English if that is not the language of the requesting country.
4	A form of undertaking relating to the use of information provided must be included in the letter otherwise we may not be able to proceed.
5	The purpose for which assistance is sought, and whether a criminal investigation and/or prosecution is ongoing at the time of writing.
6	Details of the suspects and/or defendants who are the subject of the request, including (where possible) addresses and dates of birth.
7	Details of the criminal offences under investigation, or which are the subject of the prosecution, including sentence.
8	A copy of extracts of the relevant criminal legislation relating to offences and sentences.
9	Details of whether the suspects and /or defendants have been arrested, interviewed, charged with an offence, imprisoned and/or convicted of offences.
10	A summary of the facts giving rise to the request including the connection to Guernsey.
11	Details of the connection between the evidence or assets requested and the offences under investigation (or prosecution).
12	Details of the assistance, evidence, documents, etc., sought, and details of the financial institution in possession or control of the evidence or assets sought.
13	Urgency and/or relevant dates (such as court hearings).
14	Details of whether each person named in the request is a witness, suspect, defendant or victim.
15	If applicable, details of any media attention, sensitivities or reasons for high profile interest in the matter.
16	As per intelligence handling conditions, NO references to Guernsey FIU or specific intelligence received (consider following wording instead: "The investigation has revealed that...").

Restraint (Freezing) Checklist (In addition to the LOR Checklist above)
1	Suspects' / defendants' addresses, within Guernsey, where the restraint order can be served upon them.
2	Certified copy of any restraint order granted in the requesting jurisdiction, or an explanation why there is no restraint order in the requesting jurisdiction.
3	Identify relevant property in Guernsey.
4	A description of the criminal conduct, and copies of the relevant legislation relating to the offences and possible sentences.
5	Confirmation that there is reasonable cause to believe that the suspects / defendants have benefitted from their criminal conduct.
6	Reasons why the Guernsey court should allow the matter to be decided without notice to the suspects / defendants (or others likely to be affected by the restraint).
7	Details of any defence put forward by the suspects / defendants in respect of the criminal conduct.
8	Whether or not it will be necessary for the Guernsey court to make provision for the suspects / defendants living expenses and legal expenses from the restrained asset.
9	Confirmation that restraint is requested so that the GUERNSEY assets may be available in respect of a confiscation order which is likely to be made upon conviction.
10	Why it is believed that unless the assets are restrained, there is a significant risk that the suspects / defendants will attempt to dissipate them.
11	Details of the extent to which the suspects / defendants are believed to have benefitted from their criminal conduct.

European Investigation Order

Guernsey has never been a member of the European Community or the European Union. As a result, EU initiatives such as the European Arrest Warrant are not available in the Bailiwick. However, provided the LOR clearly sets out the key factors behind any request and provided the Bailiwick of Guernsey can lawfully provide assistance, there is no reason why requests cannot be dealt with very swiftly. The need for urgency should however be made clear from the outset.

Asset Sharing

Guernsey has a well-established practice of sharing confiscated assets with other jurisdictions. While Guernsey law does not require an asset sharing agreement (unless one is already in place) to be in place in order to do this, HM Procureur will always consider entering into or arranging an asset sharing agreement (where neccessary, acting under entrustment from the UK) if that is required under the law of another jurisdiction. In the absence of an asset sharing agreement, HM Procureur will deal with the sharing of assets by agreement with the other jurisdiction on a case-by-case basis. However, in every case precedence will be given to any obligations in respect of sharing or repatriating assets under international agreements to which Guernsey is a party (e.g. the 2000 United Nations Convention against Corruption), and to ensuring that the proceeds of crime are returned to the identified victims of the crime in question wherever possible.

Sanctions

Sanctions - States of Guernsey (gov.gg)

Contact details

LORs should be addressed to HM Procureur. We encourage them to be sent by email to: GuernseyILOR@gov.gg

2. You do not need to send a hard copy. If for any reason you wish to do so, please send to:

His Majesty's Procureur
St James Chambers
St Peter Port
Guernsey
GY1 2PA

Telephone: +44 (0)1481 221600

Email: GuernseyILOR@gov.gg

Website: www.guernseylawofficers.gg

Requesting authorities are advised that it is possible for HM Procureur to accept digital signatures on official documents.