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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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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