ABSTRACT
International judicial and police co-operation in criminal matters through formal mutual legal assistance arrangements is a fairly recent phenomenon.1
Realising that participation in formal arrangements would provide prosecuting authorities with increased access to suspects and evidence located abroad, States have become increasingly willing to negotiate mutual legal assistance treaties (MLAT).2 Whilst most forms of assistance can proceed on the basis of the principle of international comity, mutual assistance increasingly takes place by way of bilateral or multilateral treaty. Many States have demonstrated a preference to enter into bilateral agreements which allow for greater specificity.3 Generally, MLATs require contracting parties to undertake to provide assistance in: taking written testimony; conducting searches for and seizing material for use as evidence; serving summonses; and tracing
witnesses and suspects. Conventionally, mutual assistance arrangements abide by the locus regit actum rule, which permits the requested party to execute letters rogatory in accordance with its national law and practice. While some MLATs encourage requesting States to indicate their preferred method of conducting the inquiry,5 in practice, they exert little control over the manner in which requests are executed. To increase the effectiveness of MLATs and to combat admissibility problems, assistance mechanisms are placing increasing emphasis on compliance with the procedural requirements of the requesting State.6
