ANNEX B
Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth
The Scheme is similar in nature to the European Convention. Whilst there is no obligation to apply the Scheme's provisions, member countries of the Commonwealth are encouraged to implement its provisions as far as possible.
Communications under the Scheme are intended to be conducted between national central authorities designated under paragraph 4 of the Scheme. Whilst in the United Kingdom this is the Central Authority in the Home Office, in other Commonwealth countries it may be the Attorney General or a Government Ministry, (cf paragraph 13 of the Guidelines).
The United Kingdom has informed the Secretary General that it will apply the Scheme with the following exceptions and adaptations:-
(i) Paragraph 4: Central Authorities
The United Kingdom's designation is: the United Kingdom Central Authority for Mutual Legal Assistance in Criminal Matters, C7 Division, Home Office, 50 Queen Anne's Gate, London SW1H 9AT.
(ii) Paragraph 7: Refusal of Assistance
Paragraph 7(1)(d) reserves a right to refuse assistance concerning conduct in relation to which the person now accused or suspected of having committed an offence has been acquitted or convicted by a court in the requested country. The United Kingdom regards that right of refusal as extending also to cases of conduct in respect of which such person has been acquitted or convicted by a court in any other country.
(iii) Paragraph 11: Limitation of Use of Information or Evidence
Information disclosed in the course of proceedings is, under United Kingdom law, made public and is regarded by the United Kingdom as being available for use thereafter in matters not directly related to the original
request.
(iv) Paragraph 21(3) and Paragraph 22: Authentication
Documents or other material transmitted by the United Kingdom Central Authority for the purpose of or in response to a request under this Scheme will not be routinely authenticated other than by being cited in a covering letter from the United Kingdom Central Authority. If additional authentication is necessary, it must be specifically required in the letter of request.
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