Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

Foreign suspect accused of double murder delays extradition with human rights appeal – Daily Telegraph

“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”

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Daily Telegraph, 28th September 2013

Source: www.telegraph.co.uk

Five jailed over theft of 40 anti-tank mines in Warrington – BBC News

Posted September 17th, 2013 in explosives, gangs, handling stolen goods, news, sentencing, theft, warrants, weapons by sally

“Five men have been jailed over the theft of 40 anti-tank mines from a Ministry of Defence freight train.”

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BBC News, 16th September 2013

Source: www.bbc.co.uk

Thousands fail to appear in court in Wales in 2012 – BBC News

Posted August 12th, 2013 in costs, courts, delay, freedom of information, news, statistics, Wales, warrants by sally

“Thousands of defendants failed to appear at courts in Wales last year, causing ‘significant and costly’ problems, BBC Wales has learnt.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

Urgent appeals in warrant suspension cases – NearlyLegal

Posted August 2nd, 2013 in appeals, civil procedure rules, housing, news, repossession, warrants by sally

“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”

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NearlyLegal, 1st August 2013

Source: www.nearlylegal.org.uk

Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily

Regina (S and others) v Chief Constable of the British Transport Police [2013] EWHC 2189 (Admin); [2013] WLR (D) 312

“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”

WLR Daily, 23rd July 2013

Source: www.iclr.co.uk

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) – WLR Daily

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) [2013] EWHC 2128 (QB); [2013] WLR (D) 302

“The Criminal Justice Act 1987 did not prevent the Serious Fraud Office from disclosing, pursuant to a court order in civil proceedings, documents which in the course of an investigation had been provided to it by third parties in response to notices under section 2 of the Act.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Decision on EU crime and justice measures – Home Office

Posted July 10th, 2013 in EC law, extradition, news, police, veto, warrants by sally

“The Home Secretary has confirmed the UK will opt out of EU policing and criminal justice measures and seek to rejoin those that keep the UK safe.”

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Home Office, 9th July 2013

Source: www.gov.uk/home-office

Smiley Culture inquest finds reggae star died from self-inflicted stab-wound – The Guardian

Posted July 3rd, 2013 in inquests, news, police, suicide, warrants by sally

“Reggae star Smiley Culture died from a self-inflicted stab wound to the chest during a police raid at his home, an inquest jury has found.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily

Posted June 20th, 2013 in appeals, EC law, extradition, law reports, Privy Council, time limits, warrants by sally

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal [2013] UKPC 16; [2013] WLR (D) 241

“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

The laws that allow intelligence agencies to spy on foreign diplomats – The Guardian

“The powers that allow Britain’s intelligence agencies to spy on individuals, including foreign diplomats, were set out in the 1994 Intelligence Services Act (ISA). They were framed in a broad way to allow those involved in espionage to conduct all manner of operations with ministerial authority, and the types of techniques used during the G20 summit four years ago suggest a creativity and technological capability that Ian Fleming could only have dreamed of.”

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The Guardian, 16th June 2013

Source: www.guardian.co.uk

Melloni v Ministerio Fiscal – WLR Daily

Posted February 28th, 2013 in EC law, human rights, law reports, warrants by sally

Melloni v Ministerio Fiscal (Case C-399/11); [2013] WLR (D) 83

“Article 4a(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (as amended by Council Framework Decision 2009/299/JHA of 26 February 2009) precluded the executing judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant, issued for the purposes of executing a sentence, conditional upon the conviction rendered in absentia being open to review in the issuing member state. Article 4a(1) of Framework Decision 2002/584 was compatible with the requirements under articles 47 and 48(2) of the Charter of Fundamental Rights of the European Union. Article 53 of the Charter did not allow a member state to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the issuing member state, in order to avoid an adverse effect on the right to a fair trial and the rights of the defence guaranteed by its constitution.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Disgraced peer Lord Hanningfield wins damages from Essex Police over arrest – The Independent

Posted February 15th, 2013 in damages, expenses, false accounting, news, police, warrants by sally

“A former Tory peer who was jailed over the parliamentary expenses scandal has won £3,500 damages from Essex Police.”

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The Independent, 15th February 2013

Source: www.independent.co.uk

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

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Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk

Radu (Case C-396/11) – WLR Daily

Posted January 31st, 2013 in EC law, extradition, law reports, trials, warrants by sally

Radu (Case C-396/11); [2013] WLR (D) 28

“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Zakrzewski v District Court in Torun, Poland – WLR Daily

Posted January 24th, 2013 in extradition, law reports, Supreme Court, warrants by sally

Zakrzewski v District Court in Torun, Poland [2013] UKSC 2; [2013] WLR (D) 18

“Where the information set out by the requesting state in an European arrest warrant had correctly specified ‘the sentence . . . imposed’ on the convicted person whose extradition it sought, as required by section 2(6)(e) of the Extradition Act 2003, but the courts in that state had subsequently aggregated the sentences so that he was to serve a different, albeit lesser, sentence than that stated in the information, the warrant remained valid and the person could be extradited.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) – Supreme Court

Posted January 23rd, 2013 in courts, extradition, foreign jurisdictions, law reports, sentencing, warrants by sally

Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) [2013] UKSC 2 | UKSC 2012/0072 (YouTube)

Supreme Court, 23rd January 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina (Van der Pijl) v Crown Court at Kingston upon Thames – WLR Daily

Posted January 23rd, 2013 in evidence, law reports, police, warrants by sally

Regina (Van der Pijl) v Crown Court at Kingston upon Thames [2012] EWHC 3745 (Admin); [2013] WLR (D) 14

“A search warrant had to be sufficiently clear and precise in its terms so that those carrying out the search and those whose premises were being searched could understand the warrant without reference to any other extraneous documents.”

WLR Daily, 21st January 2013

Source: www.iclr.co.uk

Pomiechowski v District Court in Legnica, 59-220 Poland – WLR Daily

Posted November 22nd, 2012 in appeals, extradition, law reports, warrants by tracey

Pomiechowski v District Court in Legnica, 59-220 Poland [2012] EWHC 3161 (Admin); [2012] WLR (D) 331

“It was acceptable for a European arrest warrant to contain particulars of both convictions and accused offences.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

The revolving door of EU criminal justice – UK Human Rights Blog

Posted October 19th, 2012 in criminal justice, EC law, news, veto, warrants by sally

“There has been much in the press recently about the UK Government being minded to opt out, and/or in, of EU criminal justice measures. The implications of this decision will be significant to the UK’s ability to investigate and prosecute crime. So what does it all mean?”

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UK Human Rights Blog, 18th October 2012

Source: www.ukhumanrightsblog.com