Financial Crime World

UK Law Enforcement Faces Challenges After Brexit

The United Kingdom’s departure from the European Union has brought about significant changes to its law enforcement arrangements with its European counterparts. Under the new agreement, UK authorities will no longer have automatic access to key EU databases and may face challenges in extraditing suspects to other countries.

Changes to EU Databases and Extradition

One of the most significant changes is the loss of real-time access to EU databases containing information on:

  • Suspects wanted in the EU
  • Suspected security risks
  • Trafficked people

Additionally, UK authorities will no longer have access to the European Arrest Warrant Scheme, which allowed for the swift extradition of suspects across EU borders. This could create difficulties in bringing individuals to justice who are accused of crimes committed in other EU countries.

Alternative Paths to Justice

Experts say that there are alternative paths to justice available, such as prosecuting individuals in their home country. The UK’s cooperation with European law enforcement agencies is expected to continue, despite the changes brought about by Brexit.

Challenges of Cross-Border Investigations

The practicalities of cross-border investigations can be challenging, with differences in:

  • Standards for obtaining evidence
  • Conducting witness and suspect interviews
  • Privacy laws

A coordinated approach is needed when investigating crimes that span multiple countries.

Recent Successes in International Cooperation

In recent years, UK law enforcement has achieved significant successes through cooperation with European partners. For example, a global deferred prosecution agreement was reached between the Serious Fraud Office (SFO), the US Department of Justice, and the French National Financial Prosecutor’s Office (PNF) with Airbus following investigations into allegations of bribery and corruption.

Response Planning for Businesses

In the face of these changes, businesses should consider having a response plan to detect and prevent financial crime, and ensure that incidents are responded to swiftly and comprehensively. This may involve:

  • Conducting internal investigations
  • Engaging external legal counsel to protect legal professional privilege

Coordinated Global Strategy

As law enforcement agencies in multiple jurisdictions become involved in an investigation, it is essential to have a cohesive global strategy coordinated with the assistance of experienced cross-border criminal litigation teams.

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