Crime Overseas Production Order (COPO) applications
SWROCU is the registered authority in the region to complete Crime Overseas Production Order (COPO) applications.
This process provides a faster and more reliable way for law enforcement agencies and prosecutors to apply for and obtain electronic data directly from service providers.
When can COPO be used?
Usage of the COPO capability is detailed by the COPO Act 2019, which provides a legislative gateway to obtain data from overseas service providers through a UK court-approved order.
Each application is subject to robust safeguards and decided by a judge who must be satisfied the data is likely to be of substantial value to the investigation or criminal proceedings, is in the public interest, while balancing the right to privacy.
COPO should be considered when you have not been able to evidence the requested data by less intrusive means.
It largely replaces the Mutual Legal Assistance (MLA) process, though this will still be viable in some circumstances.
Covered providers
At this time, only US data can be requested, enabled by the international cooperation agreement; UK-US Data Access Agreement.
COPO is available on the following Covered Providers in the US, with new providers coming on board regularly:
- Snap, incorporating Snapchat
Essential criteria
To qualify for a COPO application, it must be:
- a Covered Offence – conduct under UK Law constitutes a Serious Crime, where an offence carries a maximum term of imprisonment of three years or more.
- Indictable
- a serious crime – defines as an offence punishable by a term imprisonment of three years or more (DAA Agreement)
In must also pass the NTAC Serious Gateway test, which is either:
- related to National Security
- carried out by large number of persons in pursuit of common purpose or results in substantial financial gain for the offender of associates
- involves the use of violence
- involves an offence for which a person who has attained the age of 21 and has no previous convictions could reasonably be expected to receive a sentence of imprisonment for a term of three years or more
How to request COPO assistance
This COPO application form should be used in the first instance where a COPO is considered.
It will help guide you through the process and considerations or actions required before submission.
Submit your completed form to our Gateway Team.