European Arrest Warrant

Overview

When the UK implements the second generation Schengen Information System (SIS II) later this year, for the first time, enforcement officers of the UK Police Service, Her Majesty's Revenue and Customs (HMRC), UK Border Agency (UKBA) and other such agencies will receive notification of outstanding European Arrest Warrants (EAW) via the Police National Computer.

EAWs are increasingly being utilised for minor offences and a large number of warrants remain open for offences committed many years ago. It is estimated that the number of EAW notifications received in the UK will double and the number of arrests will increase by up to 300% after SIS II comes into widespread use (HO Impact Assessment 16/12/2008)

This comprehensive introductory course will cover essential and practical topics related to EAW law and practice, including: bail considerations, challenging of warrants, appeals, and best practice principles demonstrated through a range of detailed case studies. The speakers include practitioners who are experienced in dealing with EAW cases and can provide you with directly relevant advice.

Topics to be covered include:

European and UK policy developments

• Overview of the Framework Decision for the European Arrest Warrant
• How will the latest Commission proposal on procedural safeguards affect your client's case?

Procedural considerations

• When does the EAW regime apply?
• Anatomy of an EAW case
• Factors influencing availability of bail

Challenging the warrant

On what grounds can a warrant be challenged and what can you do if these circumstances arise?

• Triviality of offence
• Age of defendant
• Passage of time
• Limitations of Article 8 based challenges

Challenging the content of the warrant

• Sufficiency of information
• When and to what extent can the court rely on information outside the warrant?
• Distinguishing requests for prosecution and questioning

Appeals

• Appeal based on matters of law and fact
• What amounts to new evidence?
• The ambit of the "could reasonably have been obtained" requirement
• Special factors that must be considered when alleging negligence of a previous lawyer
• Guidance on what solicitors must do after ceasing to act for their clients

Case studies

• Best practice for working with foreign lawyers
• The most common pitfalls to avoid as a solicitor

CPD hours: 3.00

Registration: 14.00, course starts 14.15 -17.30