Judges dismiss legal challenge to EU arrest warrant – BBC News
‘A legal challenge to try to prevent the UK continuing to comply with the European Arrest Warrant has failed.’
BBC News, 14th November 2014
Source: www.bbc.co.uk
Category: warrants
European Arrest Warrant: Judges urge UK support – BBC News
‘The UK risks becoming a “safe haven” for foreign criminals if it votes to opt out of the European Arrest Warrant (EAW) system, senior judges have said.’
BBC News, 6th November 2014
Source: www.bbc.co.uk
Home Office told to disclose advice behind decision on intercept evidence – The Guardian
‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’
The Guardian, 16th October 2014
Source: www.guardian.co.uk
Regina (Panesar) v Central Criminal Court and another – WLR Daily
Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382
‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’
WLR Daily, 14th August 2014
Source: www.iclr.co.uk
Julian Assange: do recent changes to extradition law make any difference? – Head of Legal
‘In a word – no. In a press conference this morning, Julian Assange told reporters a WikiLeaks spokesman could confirm that “I am leaving the embassy soon” and the Ecuadorian Foreign Minister, according to the Guardian “referred to recent changes to the extradition laws in the UK which he believed would mean Mr Assange would not be facing extradition if the case started today.” Notice he did not claim these changes make any actual difference now; merely that they would have made a difference had the case started today. It started (and ended) some time ago, so they make no difference at all.’
Head of Legal, 18th August 2014
Source: www.headoflegal.com
Regina (Allensway Recycling Ltd and others) v Environment Agency – WLR Daily
‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
A third of immigration arrests lead to deportation – BBC News
‘Just over a third of immigration arrests following tip-offs from the public resulted in deportation in 2013, the Home Office has revealed.’
BBC News, 16th April 2014
Source: www.bbc.co.uk
Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog
‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’
UK Human Rights Blog, 15th April 2014
Source: www.ukhumanrightsblog.com
John Jenkins: Aylesbury conman builder jailed in absence – BBC News
‘A builder who conned a “vulnerable and lonely” Hertfordshire widow out of £532,695 has been jailed for six years in his absence.’
BBC News, 26th February 2014
Source: www.bbc.co.uk
Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily
‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily
‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily
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.”
Daily Telegraph, 28th September 2013
Source: www.telegraph.co.uk
Five jailed over theft of 40 anti-tank mines in Warrington – BBC News
“Five men have been jailed over the theft of 40 anti-tank mines from a Ministry of Defence freight train.”
BBC News, 16th September 2013
Source: www.bbc.co.uk
Thousands fail to appear in court in Wales in 2012 – BBC News
“Thousands of defendants failed to appear at courts in Wales last year, causing ‘significant and costly’ problems, BBC Wales has learnt.”
BBC News, 12th August 2013
Source: www.bbc.co.uk
Urgent appeals in warrant suspension cases – NearlyLegal
“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.”
NearlyLegal, 1st August 2013
Source: www.nearlylegal.org.uk
Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily
“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
“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
