Joint Investigation Teams
Introduction
Where offending occurs across states, a joint investigation team (JIT) may be appropriate to coordinate parallel investigations and prosecutions.
A JIT is an international cooperation tool that is:
- established by written agreement between two or more countries;
- for a fixed period (usually 12 months with the power to extend by consent); and
- for the purpose of carrying out specific criminal investigations in one or more of the participating countries.
A JIT is therefore an initiative for a common purpose.
JIT members consist of both prosecutors and law enforcement officers. Once established, JITs enable the direct gathering and exchange of information and evidence between participating countries.
In the majority of circumstances, information and evidence collected in accordance with the legislation of the participating country in which it was obtained, can be shared on the basis of the JIT agreement without the need to use formal mutual legal assistance (MLA). For these reasons, JITs can constitute an efficient and effective cooperation tool.
Members of the JIT team from a participating country, other than the one in which the investigative measure is taking place, are entitled to be present and observe investigative measures conducted outside their country of origin as specified by the JIT leader provided it is and within the limits of the national legislation of the territory in which the investigative measure is taking place.
Legal Framework
The UK can enter a JIT with any country if there is an international treaty basis to underpin the co-operation. The relevant treaties are as follows:
- Article 20 of the Second Additional Protocol to the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters
- Article 49 of the United Nations Convention against Corruption (2003)
- Article 19 of the United Nations Convention against Transnational Organized Crime (2000)
- Article 9 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
Whilst there is no specific domestic legal basis for entering into a JIT, obligations under a JIT are recognised under Section 88(7) and 89(5)(c) of the Police Act 1996, and its corresponding statutory instruments.
Consideration
A JIT facilitates the coordination of parallel investigations and prosecutions conducted in several countries, or in cases with a cross-border dimension.
For complex international investigations the benefits of a JIT can be substantial. Advantages include:
- helping to secure the best evidence in the participating states with the direct exchange and translation of information and evidence;
- avoiding unnecessary work;
- ensuring real time co-operation and joint tactical decisions are made and recorded so that the investigation in one country does not compromise that of another; and
- making sure jurisdictional issues are resolved and/or addressed at an early stage and appropriate decisions are made regarding trial venue.
Examples of when a JIT may be appropriate include:
- difficult and demanding investigations into criminal offences that have links to other countries
- connected investigations in two or more countries that necessitate coordinated, concerted action.
Where it appears that a JIT may be appropriate and involves an EU Member State or country represented at Eurojust, the UK Desk at Eurojust can provide bespoke advice and assistance to take this forward or link into any existing JIT.
Leaving the EU has not impeded our ability to enter into a bilateral or multilateral JIT with one or more EU Member States. The only practical change is that if the UK enters a JIT with a non-EU country, there is no access to Eurojust funding to support it. In such circumstances bespoke agreement will be required to address funding issues.
Eurojust Support
Eurojust is the EU’s agency for judicial cooperation based in The Hague. Eurojust can provide financial and logistical support, to the operational activities of the JIT. Eligible costs include travel and accommodation for JITs meetings as well as translation of case-related documents, including evidence. A JIT must include at least one EU member state to be considered eligible for financial support and any application for funding will need to be made by the EU state on behalf of the non-EU state. The UK Desk at Eurojust can link into the point of funding when facilitating cooperation.
In addition to the 27 EU country national desks, the UK and nine further non-EU states have Liaison Prosecutor offices at Eurojust; Norway, USA, Switzerland, Montenegro, Ukraine, North Macedonia, Serbia, Georgia, and Albania.
Where the countries considered for a JIT have a representative at Eurojust, the UK Desk at Eurojust can facilitate cooperation by arranging coordination meetings. A coordination meeting is a valuable tool as it brings both law enforcement and prosecutors from respective countries together to discuss investigative material and agree collaborative working arrangements and strategies with the aid of real time translation, where required. Eurojust will advise on the scope of a JIT and support the establishment of a JIT.