UK lawyers are unsure about when evidence obtained from other states is admissible in court, according to a report commissioned by the Law Commission confirming the need for reforming the law relating to international cooperation and extradition.
In a scoping paper published today, the Criminal Law Reform Now Network said the area of mutual legal assistance warranted attention as it has never been reviewed yet plays an increasingly important role in the criminal justice system. A growing number of cases involve conduct in multiple jurisdictions or the need to obtain evidence located overseas.
The network said clear guidance is absent for UK practitioners about the admissibility of evidence obtained from other states.
‘There is no statutory provision or case law which directly addresses the point of when such evidence may be admitted in a court in England and Wales. The only admissibility rules which directly address evidence obtained from overseas are the domestic rules on business records and hearsay evidence found in the Criminal Justice Act 2003,’ the network said.
‘The rules (or lack thereof) on the admissibility of evidence obtained from other states may be unclear, creating uncertainty for practitioners and arguably resulting in an overly cautious approach by law enforcement.’
The network also believes the Law Commission should review reform in relation to extradition. For instance, the Crown Prosecution Service’s role is ‘unsettled’ in case law.
Professor Penney Lewis, commissioner for criminal law, said the scoping paper ‘opened up discussion within and outside government and provides a strong rationale for pursuing law reform’.
The scoping project was led by Durham University's Gemma Davies.
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