BCL Solicitors LLP

This Practice Note explains the regime for mutual legal assistance (MLA) for evidence under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), Proceeds of Crime Act 2002 (POCA 2002) and the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759. It deals with the request for assistance from the UK by overseas authorities, issuing a letter of request (LOR), using the evidence obtained and its admissibility together with requesting assistance from overseas authorities by UK authorities. It also covers cases where the courts have considered applications for disclosure of the LORs themselves.

This Practice Note explains the offence of sharing or threatening to share private intimate photographs or films without consent contrary to section 66B of the Sexual Offences Act 2003 (previously prosecuted under section 33 of the Criminal Justice and Courts Act 2015 which is also set out in the Practice Note). Commonly referred to as ‘revenge porn’, this offence addresses intimate image abuse, as well as criminalising the non-consensual sharing of digitally altered images known as ‘deepfakes’. This Practice Note explains the elements of the offence, the meaning of key definitions, available defences and the sentencing of revenge porn offences. It also compares the offence with its predecessor under CJCA 2015, s 33 and looks at other offences which may apply to revenge porn. The Practice Note also explains the offence of cyberflashing, that being the non-consensual sending of photographs or films of genitals, contrary to section 66A of the Sexual Offences Act 2003.

Evidence received pursuant to letters of request (LOR) pursuant to Mutual Legal Assistance (MLA) can be used for any purpose in criminal litigation (eg as bad character or in respect of asset forfeiture applications) so long as the foreign state agrees. MLA evidence may be relied upon without any special application and there are no special limits on the use of MLA evidence. Therefore challenges to MLA evidence will be exactly the same as for any domestic evidence. This Checklist summarises some of the considerations which apply when advising on challenging MLA evidence.