International co-operation in civil and criminal matters / David McClean.

Format:

Book

Author/Creator:

McClean, J. D. (John David)

Language:

English

Subjects (All):

Judicial assistance.

Justice, Administration of--International cooperation.

Justice, Administration of.

Law enforcement--International cooperation.

Law enforcement.

Physical Description:

xlviii, 366 p.

Edition:

3rd ed.

Other Title:

International cooperation in civil and criminal matters

Place of Publication:

Oxford, U.K. : Oxford University Press, 2012.

Language Note:

English

Summary:

The growth of international crimes pose a substantial threat to the economies and stabilities of states. This study draws on international events, legislation, and important developments under the aegis of the EC, but retains an awareness of both civil and criminal dimensions.

Contents:

Cover

Contents

List of Abbreviations

Table of Cases

Table of Legislation

Table of Treaties and Conventions

1. Civil Matters: Challenges and Solutions

I. Differing approaches

1. Differing approaches to the service of process

2. Differing approaches to the taking of evidence

3. Seeking assistance from other states

II. Modes of communication

1. The diplomatic channel

2. The (direct) consular channel

3. The indirect consular channel

4. Ministry of Justice (or central authority) to Ministry of Justice (or central authority)

5. Competent official to Ministry of Justice (or central authority)

6. Court or competent official to court or competent official

7. Huissier de justice to huissier de justice

8. Plaintiff to court or competent official

9. Service by post

III. Seeking solutions

1. The Hague Conference

2. Early work at The Hague

3. English bilateralism

4. Resumed work at The Hague

5. Liaison magistrates and judicial networks

2. Service of Process

I. Introduction

1. Factors to be considered

II. International Conventions

1. The Hague Convention of 15 November 1965

2. Scope of the Convention

3. The system of Central Authorities

4. Initiation of the request

5. Procedures for service

6. Refusal or failure to serve

7. Other permitted modes of service

8. Bilateral arrangements

9. Safeguards

10. Extra-judicial documents

11. Costs

12. Relationship with other instruments

13. Assessment of the Convention

III. Regulation 1393/2007

1. Central bodies

2. Transmitting and receiving agencies

3. Transmission and service of judicial documents

4. Costs

5. Other permitted modes of service

6. Extrajudicial documents

7. Safeguards

IV. Inter-American Arrangements.

1. The Inter-American Convention on Letters Rogatory of 1975

2. The Inter-American Protocol of 1979

V. English practice

1. Service of English process abroad

2. Service of foreign process in England

3. Taking of Evidence

I. The Hague Convention on the Taking of Evidence Abroad 1970

1. Letters of request

2. Taking of evidence by diplomatic officers, consular agents, and commissioners

II. Council Regulation No 1206/2001

1. Scope

2. Transmission of requests

3. Contents of requests

4. Execution of requests

5. Attendance and participation of parties and representatives

6. Coercive measures

7. Privileges of witnesses

8. Other grounds for refusing to execute a request

9. Costs

10. Procedure after execution of request

11. Direct taking of evidence by the requesting court

III. Inter-American Instruments

1. The Inter-American Convention

2. The Additional Protocol of 1984

IV. English practice

1. Evidence in England for use in foreign proceedings

2. Evidence from abroad for use in England

4. Other Forms of Co-operation in Civil Matters

I. Abolition of legalization

1. The Hague Convention of 1961

2. Copies of entries and decisions

3. Possible EU action

II. Legal aid

1. The Hague Convention on International Access to Justice

2. European Agreement on the Transmission of Applications for Legal Aid

3. Directive 2003/8

III. Security for costs

IV. Physical detention and safe-conduct

V. Mediation

1. UK implementation

5. Criminal Matters: Old Hesitations and Modern Activity

I. Grounds for hesitation

1. Conflict of laws principles: foreign penal laws

2. Criminal procedure: confrontation

II. Movement to the modern position

1. Early efforts to secure international co-operation

2. The current scene.

6. General Mutual Assistance Instruments

I. European Convention on Mutual Assistance in Criminal Matters

1. Scope of the Convention

2. Refusal of assistance

3. Postponed execution of requests

4. Modes of transmission, translations, and costs

5. Spontaneous information

6. Reservations

II. The Commonwealth Scheme

1. Nature of a Commonwealth Scheme

2. Scope of the Scheme

3. When may assistance be sought?

4. Refusal of assistance

5. Expenses of compliance

6. Implementation of the Scheme

III. UN Model Treaty on Mutual Assistance in Criminal Matters

1. Scope of the Model Treaty

IV. Inter-American Convention on Mutual Assistance in Criminal Matters

V. EU Convention on Mutual Assistance in Criminal Matters between Member States

1. Scope of mutual assistance

2. Form and transmission of requests

3. Procedures for carrying out requests

4. Further aspects of co-operation

5. Controlled deliveries

6. Joint investigation teams

7. Covert investigations

8. Liability regarding officials

7. Service of Documents and Obtaining Evidence

I. General service and evidence provisions

1. The 1959 Council of Europe Convention

2. The Commonwealth Scheme

3. The EU Convention

4. The 2003 Framework Decision on freezing orders

5. The 2008 Framework Decision on a European Evidence Warrant

6. The Commission's suggestions for further legislation

II. Telecommunications, computer data, and electronic surveillance

1. The work of the Council of Europe

2. Provisions in the EU Convention on Mutual Assistance

3. Provisions in the Commonwealth Scheme

III. United Kingdom legislation

1. Requests to the United Kingdom

2. Service of process

3. Evidence for use in the United Kingdom

4. Domestic freezing orders

5. Evidence for use abroad.

6. Evidence by television links or by telephone

7. Search and seizure

8. Surveillance by foreign officers

9. Overseas freezing orders

10. Transfer of persons in custody

11. UK bilateral treaties and agreements

8. Particular Types of Criminal Activity

I. Drug trafficking

1. The drug-trafficking problem

2. Legal responses

3. The Vienna Convention

4. Action within the European Union

5. United Kingdom legislation

II. Organized crime

1. The United Nations Convention of 2000

III. Human trafficking

1. International action

2. Work of the Council of Europe and the EU

IV. Terrorism

1. International conventions

2. Work of the Council of Europe

3. European Union action

4. United Kingdom action

V. Money laundering

1. Financial Action Task Force

2. The role of banks and other financial institutions

3. Council of Europe Conventions

4. European Union action

5. UK legislation

9. The Proceeds of Crime

1. Forbidden articles

2. Forfeiture of property 'related to' a specific offence

3. Forfeiture of instrumentalities

4. The emergence of comprehensive provision

II. International action

1. The United Nations Optional Protocol

2. Provisions in the Commonwealth Scheme

3. The work of the Council of Europe

4. EU action

III. United Kingdom provision

1. The assets recovery function

2. Interim seizure: restraint orders

3. Production and disclosure orders

4. Confiscation orders

5. Civil recovery of the proceeds of unlawful conduct

6. Recognition and enforcement of orders

10. Criminal Records and the Recognition of Penalties

I. Criminal records

1. The Council of Europe Convention

3. EU action

II. Recognition and enforcement of criminal penalties

1. The work of the Council of Europe.

2. European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders

3. European Convention on the International Validity of Criminal Judgments of 1970

5. The Framework Decision on financial penalties

6. The Framework Decision on custodial penalties

7. The Framework Decision on probation and similar measures

8. Framework Decision on supervision measures as an alternative to provisional detention

9. Disqualifications

III. Transfer of proceedings

1. European Convention on the Transfer of Proceedings in Criminal Matters

2. Model Treaty on the Transfer of Proceedings in Criminal Matters

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

X.

Notes:

Previous ed.: 2002.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-283-62146-0

9786613933911

0-19-163720-3