Crime (Overseas Production Orders) Bill

This Bill would give law enforcement agencies and prosecutors in the UK the power to apply for an Overseas Production Order (OPO). An OPO would be used to obtain electronic data directly from service providers based outside the UK for the purposes of criminal investigations and prosecutions for serious crime.

Currently law enforcement agencies and prosecutors must request electronic data for evidential use through the mutual legal assistance treaty process, which has been criticised for being too slow.

The Bill allows the UK courts to grant an OPO if it is satisfied that the data sought is detailed and that is likely to be of substantial value to criminal proceedings or investigation. It must also be in the public interest for the data sought to be made publically available.

Applications could only be made against those who operate in a country outside the UK which have agreed to the disclosure regime by a "designated international cooperation" (i.e. an international treaty). Currently the UK is only negotiating a treaty with the US however the UK Government has said that it “envisages wider application” of the bill to other countries in time. It is therefore foreseeable that the UK and Guernsey could enter into the necessary treaty to allow OPOs to be made to Guernsey companies and fiduciaries.

The Bill started in the House of Lords and was recently discussed at the report stage, with its Third Reading by the Lords schedule to take place on 20 November 2018.

If you would like to hear more about the Bill and the growing exposure of Guernsey companies and trustees to orders to disclose by the UK Courts, then we invite you to attend our seminar entitled 'The long arm of the law – is it getting even longer?', which will be presented by Christopher Edwards and Jessica Roland on 27th November 2018 at Mourant offices, Royal Chambers, St. Julian's Avenue. Sign up here.