The Sentencing Council guidelines for ‘Reduction in Sentence for a Guilty Plea’ come into force from 1st June 2017 for all offences sentenced after that date, but what do the new guidelines mean for defendants? Will they still get credit for an early guilty plea?
There is not a great deal of difference between the existing practice and the new credit for an early guilty plea guidelines. What...Read More
Now that the Swedish Authorities have revoked the European Arrest Warrant that had been issued for his arrest, it might have been assumed that Julian Assange would be leaving the Ecuadorian Embassy, where he has been living since 2012. It seems that he has no plans to do so, at least in the foreseeable future. His problem is that even though the EAW has been revoked, there is...Read More
If you are facing extradition it can be difficult enough, without listening to lawyers using words and phrase that you may not understand, even in your own language. Here is a guide to some of the most common words you will come across;
Requested person; the person who is wanted by the country who have issued the warrant.
Judicial Authority; The people who have issued the warrant. They are...Read More
Not many people know about the existence of European Arrest Warrant until the police arrive on their doorstep to arrest them, or they come into contact with the police for some other reason; either they are arrested for another offence, stopped and spoken to by police while they are driving, or sometimes when they themselves are a witness or a victim of crime. If you do know that there is an...Read More
Once your extradition is ordered, you have seven days to apply for permission to appeal. If you do not appeal, or you have appealed and your appeal has been refused, your extradition should take place within 10 days. That time can be extended, and often is. The country making the extradition request must apply to a Judge for an extension.
If you have not been extradited within 10 days, (and...Read More
Extradition and Article 8 of the Human Rights Act
Article 8 of the Human Rights Act, which provides that everyone has a right to respect for his private and family life, is raised as a bar to extradition in a majority of cases. It is, of course, not an absolute right, as a public authority can interfere with the exercise of this right ‘in accordance with the law’ and where it is necessary, for...Read More
England and Wales have the highest alcohol tolerance for drink-driving in Europe. To be guilty of drink-driving, a person must have more than 80mg of alcohol in 100ml of blood, 35 micrograms of alcohol in 100ml of breath or 107mg of alcohol in 100ml of urine. In Scotland, the limit is 50mg of alcohol in 100ml of blood. The only other European country with the same limit as England and Wales is...Read More
Can I get bail in my Extradition case?
The short answer is yes, you can. Whether you do or not will depend on a lot of things.
If you are wanted to stand trial for an offence, you have a much better chance of being granted bail than if you have been found guilty and have a sentence to serve. If you are wanted to serve a sentence, the longer it is the less chance you will have of being granted...Read More
On 15th March, the High Court granted permission to appeal to a number of appellants who have once again raised the dire state of Romanian prison conditions. However, permission to appeal is limited to people who have been sentenced to 3 years’ imprisonment or less. Presently, Romania has given an assurance to the UK that those who serve 3 years or less will be placed in prison cells with at...Read More
WHAT LIES AHEAD FOR THE EAW AFTER BREXIT?
The European Arrest Warrant is a tool used very often by Governments within the EU to secure the arrest and extradition of people who have committed or are accused of committing crimes in their own country.
Some countries confine their use of the EAW to very serious offences such as people trafficking or murder. Others adopt a hard-line approach and...Read More