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28 February 2019 / Andrew Smith
Issue: 7830 / Categories: Features , Criminal , Fraud , Data protection , Technology
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Overseas Production Orders: getting up to speed

If electronic data is stored overseas, how can an investigator compel its disclosure in the UK? The Crime (Overseas Production Orders) Act 2019 now provides a new solution, as Andrew Smith explains

  • Overseas Production Orders provide a new means of compelling the disclosure of electronic data stored overseas within the UK.
  • They offer an alternative to the frequently used option of mutual legal assistance, the notorious slowness of which is plainly inadequate when investigating fast-moving conspiracies.

When ministers describe a draft Bill as ‘important but essentially boring’, one can safely assume that lawyers—not widely celebrated for their ability to distinguish the interesting from the boring—are the only people who sit up and take notice. So it is with the Crime (Overseas Production Orders) Act 2019, which received Royal Assent on 12 February 2019. To this lawyer at least, the Act is far from boring. It represents a dramatic step-change in cross-border criminal law enforcement.

The Act provides a new way of answering the following question: if electronic data is stored overseas, how can a UK investigator

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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