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Joint Investigation Teams

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Joint Investigation Teams

Operation Burgrave

OPTIONS

• Independent Action (MLAT / ILOR)

• Police to Police

• Joint Investigation Team (JIT)

Eurojust

Romania Sweden

Europol

Northern Ireland(UK)

Arrest of OCG

What is a 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.

19/04/23 Welcome to Eurojust 5

Legal FrameworkLegal 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.

19/04/23 Welcome to Eurojust 6

ProcessProcess

19/04/23 Welcome to Eurojust 7

TraffickingTrafficking

• 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.

19/04/23 Welcome to Eurojust 8

Advantages of a JITAdvantages 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.

19/04/23 Welcome to Eurojust 9

Advantages of a JITAdvantages 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.

19/04/23 Welcome to Eurojust 10

www.eurojust.europa.eu

Contact InformationContact Information

19/04/23 Welcome to Eurojust 11

Elisa HopleySNE for UK

[email protected]

+31 70 412 5254

Michael Agnew, Assistant Director

Public Prosecution Service

Operation BurgraveThe PPS Experience

Objectives

1. The Document

2. The Co-ordination Meeting

3. The Advantages

4. 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

1. Hosted by Eurojust in the Hague

2. Person present / facilities

3. Presentations on status of investigations

4. Discussion of issues

5. Signing of agreement

Advantages of JIT in Burgrave

1. No need for ILORs

2. Establish relationships – Eurojust and JIT members

3. Improve understanding / develop trust

4. Agreed prosecutorial strategy

5. 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).

Thank you for your attention