Foreign and Commonwealth Office
London SW1A 2AH
Attorneys General of all Dependent Territories
Teleonane 01-
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K+Rose (14
(New UN Convention extension to
270 2680
Your reference
Our reference
Date
NCD 253
RECONLAJA
August 1989
JTS
33-
Den hitting Leneral
MUTUAL LEGAL ASSISTANCE BILL
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5/9
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1. Many of you will know that faced with the rapid expansion of international crime, such as drug trafficking and international fraud, the UK has taken a number of steps to enhance the extent to which we can cooperate with other countries in criminal matters. through the provision of mutual legal assistance. The Drug Trafficking Offences ACE (DTCA) 1986 provides for the conclusion of reciprocal agreements to trace, freeze and confiscate the assets of drug traffickers. The Criminal Justice Act (CJA) 1988 extended the powers to cover all serious crime. Internationally the last few years have also seen the development of the Scheme relating to Mutual Assistance in Criminal Matters within the Commonwealth and the 1988 United Nations Convention against illicit traffic in narcotic drugs and pyschotropic
substances.
2. Those of you in the larger territories, and in those most at risk from international crime, will be aware of our support. for the enactment of local legislation compatible with the Drug Trafficking Offences Act. But our signature of the UN Convention, coupled with the UK's desire to become party to the European Convention on Mutual Assistance in Criminal Matters and to implement the Commonwealth Scheme, mean that further legislation is required. The Home office hope to introduce the Criminal Justice (International Cooperation) Bill in the next session of Parliament. The intended scope of the Bill is set out in the Instructions to Parliamentary Counsel, a copy of which I attach for your information. Their limitations in respect of the Dependent Territories are set out in the draft Supplementary Instructions which I am also sending you. Extracts of relevant legislation are also enclosed along with a copy of the first draft of the new Bill. This may not be the whole story; there are some policy issues still to be addressed; and I must emphasise the very early stage of drafting which the Bill is in. Nevertheless it may help you to see the Bill at this stage, to give you some idea of what it will involve,
3.
The aim of the draft Supplementary Instructions is to make it possible to extend Part VI of the CSA, the DTOA and the Criminal Justice (International Cooperation) Bill, once enacted, to the dependent territories. I am aware that some of you are ahead of the UK in the introduction of modern Mutual Legal Assistance legislation.
CONFIDENTIAL