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.
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