Mr Holland

WIAD

пис

371/1

Reference

23

MLA file. ре

DT'S:

1.

MUTUAL LEGAL ASSISTANCE

In August 1989, Mr White from this department wrote to all the Dependent Territories about the legislation the UK was

The introducing to fight the international problem of crime. introduction of the Criminal Justice (International Cooperation) Act 1990 has enabled the UK to become a party to a number of multilateral arrangements. We are now proposing to write to the DT's explaining which arrangements the UK has become a party to and asking whether they would be interested in becoming a party to any of these arrangements.

2.

In response to Mr White's letter of 23 August 1989 we had 4 replies: Gibraltar, Falkland Islands, Pitcairn and British Antarctic Territory (BAT). None had the legislation necessary to become parties to the European Convention or Commonwealth Scheme.

3.

Mr David wrote to the DT's on 28 August 1990 in connection with the 1988 UN Convention and its possible extension to the DT's. Three of the DT'S replied (Hong Kong, Anguilla, St Helena), the DT's explained that they did not have the legislation in place. Gibraltar, Anguilla, Pitcairn and BAT, all expressed a reference to extend the CJA (IC) 1990 to their territories under Sec 32(4), although Mr David's letter explained that the UK would prefer each territory to introduce its own legislation.

4.

European Convention

Under Article 25 (5) of the Convention parties to the convention can extend it to cover any territory. This can be achieved by a separate exchange with each party to the Convention (Miss Brooks suggests an exchange of Notes). This Convention will probably only usefully apply to Gibraltar.

5.

Commonwealth Scheme

Because

Under 2 (a) of the. scheme each country can sign up to the scheme designating the DT's it specifies, DT's will be treated individually and can sign up to the scheme separately. the scheme is informal, this should not cause complications.

It would be helpful for your (and those of copy recipients) views as to whether the DT's you are responsible for would be interested in becoming a party to any of these schemes.

6.

I

CODE 18-77

342 kboj

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