Resource implications
16. Calculations based on the experience of other countries which already have a central authority indicate that a United Kingdom authority could be provided at an annual cost of less than £750,000, assuming a starting date in 1990 or 1991. It is estimated that in addition up to £2 million might be needed if United Kingdom prosecuting authorities are to make a maximum use of the additional facilities which would become available on accession, in particular through the facilitation of additional prosecutions which would otherwise not be possible and the greater availability of witnesses from abroad.
Main benefits of accession to international agreements
17. From a domestic point of view, the main benefits which the UK would derive from participation in a mutual assistance arrangement would arise in the prosecution of serious offences which otherwise would not come to court because evidence was unobtainable, and in the speedier and more efficient prosecution of such offences because of the greater availability of witnesses and evidence from abroad. Reform in this area would also provide a concrete example of the United Kingdom's commitment to the fight against international crime. In addition, legislation enabling the United Kingdom to enter into general mutual assistance arrangements would be a sensible next step following the revision of extradition law.
18. The working group considered that it would be difficult to argue that mutual legal assistance arrangements are not easily compatible with the United Kingdom's common law legal system, when for example the United States which has a common law system, sees value in entering into such arrangements. Indeed, the UK itself already has, or is in the process of negotiating, a number of such arrangements between UK dependencies and the United States. Moreover, the Roskill Committee on Fraud Trials in its consideration of developments in English criminal law in this field recommended that close attention should be given to the level of mutual assistance which the United Kingdom is able to afford other countries, and to receive from them. The report noted the vital importance of close international co-operation if serious fraud offences were to be discovered and the offenders properly brought to justice (Report, paragraph 5.44).
Conclusion
19. The working group therefore concluded that there are strong arguments in favour of reform of United Kingdom mutual assistance law with a view to participation in formal mutual assistance arrangements. The Government now wishes to provide an opportunity for others to give their views on these proposals. Comments are therefore invited on the proposals set out in this paper. They should be addressed to C5 Division (Room 340), Home Office, 50 Queen Anne's Gate, London, SW1 9AT by 30 April, 1988.
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