ABSTRACT
The increase in transnational organised crime and the mobility of suspects and witnesses generally has resulted in the increased willingness of States to develop co-operative procedures to facilitate the gathering and transmission of evidence for use in criminal prosecutions in other jurisdictions. International crime is an increasing phenomenon in terms of its frequency, scale and diversity. While the relaxation of border controls, ease of access to air travel and the dramatic advancement in the development of communications systems have combined to assist transnational criminal activity and has arguably facilitated the recent growth in terrorist-related crime, police investigative powers do not generally transcend national borders. Prosecuting authorities requiring access to suspects or material located outside the jurisdiction are required to seek assistance from their foreign counterparts through operational police co-operation and other mutual legal assistance procedures. Accordingly, the growth in cross-border crime and terrorism has resulted in the need for law enforcement agencies to modernise and increase their capability to investigate criminal activity taking place beyond national borders. However, some of the recent initiatives introduced to improve police and judicial co-operation in criminal matters have arguably reduced the traditional procedural protections for suspects to an unacceptable level. Thus, improving co-operation between policing agencies is a task beset with seemingly insurmountable hurdles. Even within Member States of the European Union (EU), which have close geographical and cultural ties, divergent legal systems, different law enforcement strategies and the increasing diversity of transnational criminal activity combine to hamper effective police co-operation.
