Guidance

European Investigation Orders

European Investigation Orders can no longer be issued to obtain evidence located in the UK or in EU member states for UK investigations.

• From: Home Office
• Published: 26 February 2018
• Last updated: 8 February 2021 — See all updates

The UK left the European Union (EU) on 31 January 2020. After the end of the transition period at 11pm on 31 December 2020, the following no longer apply to the UK:

• the European Investigation Order (EIO)
• the 2000 Convention and related Protocol on Mutual Assistance in Criminal Matters

Therefore an EIO can no longer be issued to obtain evidence located in the UK or to obtain evidence located in EU member states for use in UK criminal investigations or proceedings.

However, in line with the terms of the Withdrawal Agreement, EIOs received before 11pm on 31 December 2020 will be processed as EIOs. Any EIO received after this time will be processed as a mutual legal assistance (MLA) request, unless the requesting state objects.

Requests for MLA between the member states of the EU and the UK are now based on cooperation through:

• the Council of Europe 1959 Convention on Mutual Assistance in Criminal Matters
• its two additional protocols, as supplemented by provisions agreed in Title VIII of the EU-UK Trade and Cooperation Agreement

EIOs sent to the UK

EIOs received before the end of the transition period (11pm 31 December 2020) will be processed as an EIO.

EIOs received after the end of the transition period will be processed as an MLA request and the requesting state will be advised of the same, unless they object.

Gibraltar

Gibraltar was the only British Overseas Territory which operated the EIO, but the EIO did not apply between Gibraltar and the UK.

Please note the Crown Dependencies and British Overseas Territories each have their own legal systems, independent of the UK (and were not party to the EIO).

Useful resources

• Council of Europe - European Convention on Mutual Assistance in Criminal Matters 1959
• EU-UK Trade and Cooperation Agreement
• The Criminal Justice (European Investigation Order) Regulations 2017 – the UK’s domestic legislation
• European Investigation Order (EIO Directive)
• Crime (International Co-operation) Act 2003 (CICA) – the UK’s main domestic legislation for MLA
• Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
• MLA Guidelines for Foreign Authorities – guidance produced by UKCA for overseas authorities wishing to make an MLA request to the UK
• List of the UK’s MLA agreements
• The European Judicial Network (EJN) – a network of MLA practitioners from EU Member States
• Committee of Experts on the Operation of European Conventions on Co-Operation in Criminal Matters (PC-OC) – a Council of Europe committee of experts in international co-operation in criminal matters
• ACRO Criminal Records Office

Published 26 February 2018
Last updated 8 February 2021 + show all updates

1. 8 February 2021

   Content updated to clarify situation following the end of the transition period.

2. 14 January 2021

   Added additional guidance following end of EU transition.

3. 26 February 2018

   First published.