European Arrest Warrants (EAW) strictly speaking, have no operative value in England and Wales. Instead, we have the Extradition Act 2003 that allows one’s extradition to be acted on if there is a Part 1 or a Part 2 warrant. Part 1 warrants are presently only for EU territories and therefore EAWs are incorporated through the Act.
To qualify as a Part 1 warrant, section 2 of the Act must be...Read More
Solicitor John Howey has secured the discharge of a Romanian client who was facing extradition under EAW (European Arrest Warrant). on the grounds that his extradition would breach his Article 3 Human Rights. This is the result of the High Court decision in Grecu and others.
In that case, the Court followed the decision of the European Court of Human Rights in Muršic v...Read More
If your extradition is ordered on an European Arrest Warrant, you have 7 days to apply for permission to appeal. You must send your appeal to the Court, the Crown Prosecution Service (CPS) and the National Crime Agency. There is a fee to pay when it is submitted. You can also submit a legal aid application at the same time. If you do not submit an appeal, then your extradition should take...Read More
Bail in an extradition case is decided in a similar way to bail in criminal cases in this country. The law is contained in the Bail Act and the Criminal Procedure Rules. However, the rules are very different to many other countries. The short answer to the question ‘can I get bail’ is yes, you can. Whether you do get bail or not will depend on a lot of things.
Most people arrested on an extradition warrant understandably want to fight their extradition. However, there are only a limited number of challenges that can be raised to a valid extradition warrant. If it is a European Arrest Warrant (EAW), the District Judge hearing the case does not look at the evidence against you in the country asking for your return. They are not concerned with whether...Read More
Earlier this week it was reported that the Brexit Secretary, David Davis, plans to give the UK Supreme Court the final say in deciding extradition requests for British citizens under any post-Brexit European Arrest Warrant (EAW) system.
We do not know whether this proposal means that the UK courts, when dealing with non-British citizens, will continue to have the benefit of referring questions...Read More
If you have been arrested on a European Arrest Warrant, it can be a daunting experience. The first thing to do is to make sure you get a solicitor. There are always duty solicitors available at Court, and they can help you at your initial hearing free of charge. Alternatively, you can contact a solicitor of your choosing.
In the courtroom
When you appear in court you will be asked your name...Read More
In a recent case we dealt with, our client had left his home country as he was being threatened by other people and was in fear for his life (he had won a kicking boxing fight where a large amount of money had been bet on his opponent to win). When he left, he had never been questioned, arrested or appeared in court for the offence that he was wanted for. The first time he knew about it was...Read More
The Daily Mail has reacted with its usual predictable outrage and lack of understanding to the recent decision of the High Court in the case of Grecu & Bagarea v Romania. This is the latest case in the ongoing saga of Romanian prison conditions.
Romanian prisons and the Article 3 Human Rights
There have been a number of cases both in this country and throughout the rest of Europe where...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