Is the proposed enquiry permitted under the relevant convention, treaty or other international instrument?
• Have the police given enough information about the case or the assistance to be sought? Without such information the prosecutor may not be able to properly decide whether an offence has been committed or that there are reasonable grounds for so suspecting. • Does the assistance to be sought amount to little more than a “fishing expedition”? The CICA does not require the prosecutor to form any view as to whether the evidence sought exists or can be obtained. However, if any coercive measures (such as a search warrant) are likely to be needed in the executing state it is likely that a judicial authority will have to be satisfied that the enquiry is more than just speculative, that there are grounds for believing that the evidence exists or can be made available. Prosecutors should ideally state in the letter of request the basis for believing that this is so and show a legitimate and clear nexus between the facts and the assistance sought. • What value will the assistance sought have f
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- Is the proposed enquiry permitted under the relevant convention, treaty or other international instrument?
- What happens after a country signs an international treaty or convention?
