Obtaining evidence in cross border criminal matters EC Green Paper

We welcome the identification in the Stockholm Programme of this issue, and the Green Paper from the Commission. However, there is a real and serious risk that any new instrument will continue the trend of previous mutual recognition and assistance instruments of inadequately considering the position of the suspect, in an effort to improve efficiency. The rights of the suspect are more important than ever if comprehensive, streamlined cross border evidence collection and usage is to be embarked upon. Equally, the impact upon complainants and witnesses of cross border law enforcement agencies must not be underestimated. There are a number of considerations to such an instrument, which we address in our answers to the questions proposed by the Commission.