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Joint Investigation T eams. Operation Burgrave. OPTIONS Independent Action ( MLAT / ILOR) Police to Police Joint Investigation Team (JIT). What is a JIT?.
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OPTIONS • Independent Action (MLAT / ILOR) • Police to Police • Joint Investigation Team (JIT)
What is a JIT? • A joint investigation team (JIT) is a team consisting of judges, prosecutors and law enforcement authorities established for a fixed period and a specific purpose. • Established by way of a written agreement between the States involved. • Purpose to carry out criminal investigations in one or more of the involved States. • Led by a person from the Member State in which the JIT operates. Welcome to Eurojust
Legal Framework • Article 13 of the 2000 MLA Convention as well as in the Framework Decision on Joint Investigation Teams from 2002. • The Framework Decision will cease to have effect once the 2000 MLA Convention has entered into force in all Member States. • Can involve countries outside the EU, provided that a legal basis for the creation of such JIT exists - international legal instrument, bilateral or multilateral agreement or national legislation. Welcome to Eurojust
Process Welcome to Eurojust
Trafficking • Trafficking in human beings (THB)is a priority crime area. 19 THB cases registered in 2004, 95 in 2013. • UK at the forefront of using JITs to investigate THB and agreed the first ever EU THB JIT. • Currently 25 cases UK involving THB – whether for the purposes of forced labour, sexual exploitation or illegal immigration. • Five active JIT cases. Funding awarded to them since 2010 - €478,465.75. Welcome to Eurojust
Advantages of a JIT “All the successes stemmed from the agreement and signature of 8 sheets of paper at a conference room at Eurojust” Met Police Superintendent Bernie Gravett, 2010. Welcome to Eurojust
Advantages of a JIT • Simplifies communication, co-ordination and co-operation between members and participants. • Real time exchange of intelligence and evidence without the need for MLA requests. • Jurisdictional and evidential issues can be addressed. • Development of common strategy • Strengthens mutual trust and interaction between team members from different jurisdictions. • Joint working – JIT members can be present in other jurisdictions • JIT funding - 1) travel and accommodation 2) interpretation and translation. Welcome to Eurojust
Elisa Hopley SNE for UK ehopley@eurojust.europa.eu +31 70 412 5254 Welcome to Eurojust
Operation Burgrave The PPS Experience Michael Agnew, Assistant Director Public Prosecution Service
Objectives The Document The Co-ordination Meeting The Advantages The Outcome
The Document Breadth, e.g. purpose for which material can be used / pre-existing material Flexibility, e.g. ability to amend / use other material with prior consent Clarity / Understanding, e.g. differences in law and practice
The Co-ordination Meeting Hosted by Eurojust in the Hague Person present / facilities Presentations on status of investigations Discussion of issues Signing of agreement
Advantages of JIT in Burgrave No need for ILORs Establish relationships – Eurojust and JIT members Improve understanding / develop trust Agreed prosecutorial strategy Ongoing mutual assistance
Outcomes IONUT Convicted of complicity in trafficking; aggravated procuring of trafficking; and threats issued in context of legal proceedings. 4 years imprisonment. Changed on appeal to trafficking but no change to sentence. SCHWARZ Convicted of trafficking and aggravated procuring. 4 years imprisonment. Withdrew Appeal. BOTH ordered to pay damages (approx. £10,000).