Operational Policing
Case handling arrangements in UKCA
The purpose of this note is to inform you of changes to the way UKCA is structured and what this will mean for you. The purpose of the restructuring exercise is to support more effective international law enforcement and judicial cooperation by improving our handling of mutual legal assistance casework and ensuring our policies meet the needs of our partners in the fight against crime.
UKCA has been divided into four teams, three handling mutual legal assistance (MLA) casework and the fourth MLA legislation and policy. Teams A-C work on MLA casework.
MLA casework generally
All cases have been assigned to a caseworker and all queries relating to an MLA case should be directed to that caseworker (if known) in the first instance. The UKCA has a current caseload of in excess of 12,000 cases so it is crucial that the UKCA reference (MLI or MLO number) is quoted on all correspondence. If the UKCA reference number is not known, sufficient details should be given to enable our administration support team to identify the relevant caseworker - at a minimum this would include the names of the subject/s of the request and where applicable the operation name. It's not sufficient to quote your reference number. If we are unable to identify your case we will return your correspondence to you.
The UKCA has produced guidance on how to obtain assistance from the UK.
Which team is dealing with your request?
Teams A and B handle incoming requests to the UK for evidence. Team C handles incoming requests to the UK for service of process (summonses and judgements) and outgoing requests for assistance.
Incoming requests for evidence
Team A
Team A is handling all new evidential MLA request cases received since 15 June 2008. The team is headed by an experienced criminal lawyer, who is supported by a casework manager. New requests will be allocated to a caseworker who will handle your case throughout. The caseworker will write to the requesting authority to acknowledge receipt of the request and introduce themselves as the point of contact on the case in UKCA.
Please note that requests seeking assistance solely from Scotland should be sent directly to the Crown Office unless the treaty which governs cooperation provides that requests should be sent to the UKCA. Requests for assistance in customs matters (including indirect tax cases such as VAT fraud) should be sent direct to HM Revenue and Customs. Sending Scotland and customs cases via the UKCA will result in unnecessary delay.
Visit the Crown Office website (new window)
Visit the HM Revenue and Customs website (new window)
Team B
Team B is handling all evidential MLA cases received prior to 15 June 2008, including supplementary requests received after that date. The team is headed by an experienced criminal lawyer, who is supported by a casework manager. Each caseworker has been assigned cases by country. The designated caseworker will be writing to the central authority for each country to introduce themselves and to check whether the assistance requested is still required.
The UKCA has a number of cases that date back several years and our aim is to target those cases where evidence is still required and close all other cases. We appreciate that the principle of legality operates in some requesting states and this can mean that their cases must remain open. However, if it appears unlikely that the UK will be able to provide the assistance requested without additional information from the requesting state we will close our file. However, that does not prevent the file being reopened if new information comes to light.
Incoming requests for the service of process
Team C
- Incoming service of process
Team C handles incoming requests for the service of process (including summonses and judgments) in criminal cases. It is essential that the return date for summonses is at least six weeks from the date of receipt in UKCA to enable service to take place. If we are not given six weeks notice we will not be able to serve the summons and the papers will be returned to the requesting state. Please note that requests seeking assistance solely from Scotland should be sent directly to the Crown Office unless the treaty which governs co-operation provides that requests should be sent to the UKCA.
The UKCA has a number of process cases which date back several years and our aim is to target those cases where assistance is still required and close all other cases. We appreciate that the principle of legality operates in some requesting states and this can mean that their cases must remain open. If it appears unlikely that the UK will be able to provide the assistance requested without additional information to enable us to effect service we will close our file. However, that does not prevent the file being reopened if new information comes to light.
The UKCA is not able to arrange service of process relating to civil cases and these requests will be returned to the requesting state. The Foreign Process section at the Royal Courts of Justice (new window) may be able to assist in relation to civil cases.
Contact details
Contact details for UKCA, as well as other useful numbers and addresses are available on the contact details page.
