Reform of the European Arrest Warrant

Libby McVeigh

Non-governmental human rights organisation

Fair trial rights according to internationally recognised standards

Three areas of work◦ Helping defendants◦ Training and networking◦ Advocacy work to tackle underlying causes of

injustice

Casework

The European Arrest Warrant Seven Years On – The Case for Reform

Advocacy – UK and EU

Proportionality Trial readiness Inadequate protection of fundamental rights Appeals process Conviction EAWs No mutual recognition of refusal

Clause 138 ASBCP Bill – new Section 21A Proportionality test

◦ “In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account.”

◦ Specified matters: (a) the seriousness of the conduct alleged to constitute the extradition offence; (b) the likely penalty that would be imposed if D was found guilty of the extradition offence; #(c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D.

Clause 137 ASBCP Bill – new Section 12A: ◦ Bar to surrender where there are reasonable grounds for

believing that the authorities have not take a decision to charge and a decision to try, and the requested person’s absence from the country is not the only reason.

Clause 140 ASBCP Bill – new Section 21B:◦ Either requested person or issuing state can

request temporary transfer or for arrangements to be made for conversation between the two.

Clause 141 ASBCP Bill – amends appeals process in Section 26◦ Introduction of flexibility: “But where a person

gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.”

◦ Removal of automatic right to appeal

Home Secretary’s announcement, July 2013:

“Where a UK national has been convicted and sentenced abroad, for example in their absence, and is now the subject of a European Arrest Warrant, we will ask, with their permission, for the Warrant to be withdrawn and will use the Prisoner Transfer arrangements instead. This change could have prevented the extraditions of Michael Binnington and Luke Atkinson – sent to Cyprus, only to be returned to the UK six months later.”

No corresponding legislative proposals

EAW Framework Decision – Article 1(3) Section 21 Extradition Act 2003 – limited use Threshold concerns EU-level progress

◦ Procedural Rights Directives ◦ European Investigation Order◦ European Parliament’s EAW Report

Need for further guidance – role of the CJEU?