Extradition Bill

European Arrest Warrant

EAW | Flowchart | Safeguards | FAQs 2

"The EAW proposal is a radical innovation in the EU's ability to fight crime from within its own borders. Criminals will feel justice firmer and quicker than ever before."

The EAW will represent a step change in European wide judicial co-operation.

It is a common arrest and surrender warrant designed to provide efficient and effective justice within the EU, whilst protecting the rights of defendants and victims.

• The EAW applies to all offences which carry a maximum penalty of at least 12 months in the issuing state or, in cases of those who have already been convicted, where the sentence is at least four months.
• The removal of dual criminality, the principle in which the crime has to be a crime both in the requesting and the requested state, for the most serious crimes will speed up surrenders between EU states, supporting the fight against crime. However, no one will be extradited from the UK for conduct here which is contrary to UK law.
• The proposals will largely remove Ministers [¹] from the decision making process, in recognition that extradition to our EU partners is a matter for the courts, not for politicians.
• The EAW will be enforced within strict time limits. If the Courts agree to execute the warrant, the fugitive will be surrendered to the requesting state within three months.
• For the first time, under the EAW, other countries will not be able to refuse to surrender a fugitive simply because there are one of their own nationals [²] .

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[¹] A role will be retained for the Secretary of State to make decisions between competing requests and to intervene in cases where UK national security is at stake.>

[²] Previously Austria, Denmark, France, Germany, Greece, and Luxembourg would not extradite their own nationals under any circumstances whilst Belgium, Finland, the Netherlands, Portugal, the Republic of Ireland and Sweden all attached conditions to doing so. The only limited exception is that until Austria has amended its basic law or until the end of 2008, which ever is the later, Austria will not be required to extradite Austrian citizens for conduct which is not an offence under Austrian law.

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Flowchart

Safeguards

"If someone commits a crime it is right they should be returned to face trial in that country."

This is the basis of the principle of mutual recognition, and we would, similarly, expect our EU partners to return those who we want to bring before our courts to stand trial. However, it is still necessary to retain basic safeguards in the interest of justice.

• UK could still refuse to extradite someone if the offence is not covered by the generic list under Article 2.2 of the Framework Decision as dual criminality will apply.
• Arrests for extradition will be effected by UK police and extradition decisions will be taken by a UK court.
• Under the EAW, no will be extradited for conduct committed in Britain which is not an offence under UK law.
• The rule against double jeopardy will still apply.
• There will be a right of appeal to the High Court.
• In certain circumstances, the fugitive will have the right to appeal to the House of Lords.
• Extradition will not take place where it would breach the fugitive's rights under the European Convention on Human Rights.
• There will be the guarantee of a full retrial for individuals convicted in their absence and requested under the EAW (except where they have deliberately absented themselves).

The legislation will ensure that defendants will get a fair hearing, but the opportunities for delaying tactics that exist under the present system will be greatly reduced.

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