Sharing evidence in EU crime cases
Thursday, 05 August, 2010
New 'streamlining' rules will make the process of exchanging evidence in criminal cases more straightforward for countries in the European Union. The European Investigation Order (EIO) is designed to cut bureaucracy and reduce delays by creating a standardised request form for all EU countries to use.
States will also now have to meet deadlines when providing evidence of crimes to other EU countries. This is in order to prevent delays to criminal prosecutions. Home Secretary Theresa May said, 'The European Investigation Order will prove to be an invaluable tool in the fight against transnational, international and serious organized crime. We believe - as do prosecutors and the police - that the European Investigation Order will greatly benefit the UK criminal justice system, without compromising civil liberties.'
There's a lot of conflicting information about the EIO in the media and UK officers will maintain their operational independence. Foreign authorities will not be able to access such databases directly. To access personal information through our police there must be an obvious link between the person and the alleged crime. Any processing of personal data, such as DNA, would have to be in accordance with our Data Protection Act and the European Convention on Human Rights, and must be both justified and proportionate.
One of the biggest myths has been concerning foreign authorities being able to demand the ID of every British citizen who flew to the country in the month an offence took place. In fact, to access personal information through our police there must be an obvious link between a
person and any alleged crime. Any processing of personal data, such as DNA, would have to be done in accordance with our Data Protection Act and the European Convention on Human Rights, and must be both justified and proportionate Also the UK would maintain its right to
refuse a search request where the crime isn't recognized as a crime here. This is the same position as under the current system.
