OVERSEAS PRODUCTION ORDERS – A NEW TOOL TO OBTAIN FOREIGN ELECTRONIC EVIDENCE

On 25 May, 6 KBW College Hill Chambers published a blog post saying that, in the past, obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult.  However, this might change with the enactment of the Crime (Overseas production Orders) Act 2019.  Its powers can only be exercised where a designated international co-operation arrangement exists between the UK Government and the government of the country where the electronic information is located or from where it is controlled.  In October 2019, such an arrangement was entered into by the UK and the USA.  Instead of having to rely upon an mutual assistance request being actioned by the authorities in the country where the data is located, an order granted by a UK court will exert jurisdiction over evidence and persons located outside the UK.  The post sets out the procedures and potential challenges.  The post concludes that, given the amount of data held overseas which may be of evidential significance, it will not be long before the courts are having to grapple with the intricacies of this new regime.

https://blog.6kbw.com/posts/overseas-production-orders-a-new-tool-to-obtain-foreign-electronic-evidence

 

 

 

If you would like to say thanks by making a small contribution, in case I need to upgrade or replace my computers and other paraphernalia, I have a page at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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