The UK courts can seek assistance from overseas authorities in
obtaining evidence for use in investigations and proceedings in
the UK. The Police can be authorised by the UK courts to enforce powers of search and seizure of evidence equivalent to those in domestic law, on behalf of other countries. I attach
a list of Reservations and Declarations which the UK made in
respect of the Convention.
4. The CJ (IC) A 1990 also enabled the UK to sign up to the Commonwealth Scheme relating to Mutual Assistance in Criminal Matters. Arrangements are in hand for us to do so shortly by writing to the Commonwealth Secretary General. I attach a list
of Reservations we intend to make. The scheme provides for assistance in obtaining evidence, locating and identifying criminals, obtaining articles by search and seizure, and tracing, seizure and forfeiture of the proceeds of criminal
activities.
5.
In addition to these mutual legal assistance arrangements the UK intends to ratify the 1990 Council of Europe Convention on search, seizure and confiscation of the proceeds of crime. The ratification of this Convention will require some amendments to the UK's 1986 Drug Trafficking Offences Act which we will inform you of once they have been drafted. We will also advise you of the Reservations we will submit.
6. We are aware that some of you already have comprehensive legislation in place on all aspects of mutual legal assistance. If further legislation is required you could either enact your own legislation or to have the 1990 CJ (IC) A extended to your territory as envisaged by Section 32(4), (copy attached). Responses to Tim David's (NCAD) letter of 28 August from Gibralter, Anguilla, Picarn and BAT all expressed a preference for the legislation to be extended to their territories. Is this still the case and if so were any arrangements made as a
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