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Challenging Prosecution Overseas Evidence and Challenges Arising from Brexit

Speaker: James Dawes QC
Chambers: 2 Harcourt Buildings

James Dawes QC
2 Harcourt Buildings

This seminar will cover

Challenging Evidence Sourced
From Overseas
• Defence opportunity to challenge
• Further challenges via Brexit
• Defence international enquiries
• Mutual Legal Assistance

Requests for Legal Assistance
• European Investigation Order
• European Union Freezing Order
• European Union Confiscation Order
• ILO International Letter of Request
• Criminal Justice European Investigation Order

Defence Strategy
• Mechanisms
• Time limits
• EIO versus ILOR
• Dual criminality

European Investigation Order
• Grant EIO by Prosecutor or Judiciary
• Proportionality and necessity
• ILOR Section 7 Crime (International Cooperation) Act 2003
• Art 2 2001 Protocol

How to Challenge Evidence
Found Under an MLA
• S 78 PACE
• Statute barred applications and evidence

Business Records
Strategic Tips for the Defence Solicitor
Can the Defence Make Their Own
Official International Enquiries?
• Ask CPS
• Type of applications
• Solicitor strategies

You can contact James Dawes QC to discuss your caseload via his clerks on this e mail