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.”

Full story

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.”

Full story

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.”

Full story

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?”

Full story

UK Human Rights Blog, 18th October 2012

Source: www.ukhumanrightsblog.com

Ministry of Justice, Republic of Lithuania v Bucnys; Sakalis v Ministry of Justice, Republic of Lithuania; Lavrov v Ministry of Justice, Republic of Estonia – WLR Daily

Posted October 18th, 2012 in extradition, jurisdiction, law reports, warrants by sally

Ministry of Justice, Republic of Lithuania v Bucnys; Sakalis v Ministry of Justice, Republic of Lithuania; Lavrov v Ministry of Justice, Republic of Estonia [2012] EWHC 2771 (Admin); [2012] WLR (D) 276

“A certificate issued by the Serious Organised Crime Agency under section 2(7)(8) of the Extradition Act 2003 that a person or body that had issued a European arrest warrant had the function of issuing such warrants in the relevant territory was not conclusive that the person or body was a “judicial authority” for the purposes of either article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states or section 2(2) of the 2003 Act.”

WLR Daily, 12th October 2012

Source: www.iclr.co.uk

Statement by Home Secretary on extradition – Home Office

Posted October 17th, 2012 in EC law, extradition, health, human rights, jurisdiction, speeches, warrants by tracey

“Statement by Home Secretary Theresa May on extradition made on 16 October 2012.”

Full statement

Home Office, 16th October 2012

Source: www.homeoffice.gov.uk

Criminal law opt-out – our justice system deserves better – Halsbury’s Law Exchange

Posted October 15th, 2012 in criminal justice, EC law, jurisdiction, news, veto, victims, warrants by tracey

“Recently there has been concern in the legal world and media about the potential loss of EU criminal justice and judicial cooperation measures which are incorporated into English law.”

Full story

Halsbury’s Law Exchange, 12th October 2012

Source: www.halsburyslawexchange.co.uk

Bar Council Calls for Consultation on Government Plans to Opt Out of EU Criminal Justice Measures – The Bar Council

Posted October 8th, 2012 in barristers, consultations, criminal justice, EC law, press releases, warrants by sally

“The Bar Council, which represents barristers in England and Wales, has called on the Government to issue a full public consultation on its proposals to opt out of more than 130 EU criminal justice measures, including the European Arrest Warrant.”

Full story

The Bar Council, 5th October 2012

Source: www.barcouncil.org.uk

Arrears, warrants and abuse of process – NearlyLegal

Posted October 1st, 2012 in abuse of process, loans, mortgages, news, repossession, warrants by sally

“A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received.”

Full story

NearlyLegal, 30th September 2012

Source: www.nearlylegal.co.uk

In re Proceedings against Lopes Da Silva Jorge – WLR Daily

Posted September 13th, 2012 in detention, drug trafficking, EC law, law reports, sentencing, warrants by tracey

In re  Proceedings against Lopes Da Silva Jorge: (Case C-42/11);   [2012] WLR (D)  263

“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk

Lawcast 219: Carl Gardner on the Assange asylum issues – Charon QC

Posted August 20th, 2012 in asylum, embassies, extradition, podcasts, sexual offences, warrants by sally

“Today I am talking to Carl Gardner, ex government lawyer and author of The Head of Legal blog, about the Assange Asylum issue.”

Podcast

Charon QC, 17th August 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

The City deserves a financial regulator with clout – The Guardian

Posted August 1st, 2012 in financial regulation, news, Serious Fraud Office, warrants by sally

“The language of the high court judgment in effect quashing search warrants against Mayfair property tycoon brothers Robert and Vincent Tchenguiz was not as critical of the Serious Fraud Office as might have been expected.”

Full story

The Guardian, 31st July 2012

Source: www.guardian.co.uk

Tchenguiz Brothers’ search warrants ruled unlawful – BBC News

Posted August 1st, 2012 in misrepresentation, news, search & seizure, Serious Fraud Office, warrants by sally

“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”

Full story

BBC News, 31st July 2012

Source: www.bbc.co.uk

Decision on extradition treaties is overdue – The Guardian

Posted June 25th, 2012 in extradition, judiciary, jurisdiction, news, prosecutions, treaties, warrants by sally

“Theresa May’s response to the extradition treaty review has become even more pressing amid the Richard O’Dwyer case.”

Full story

The Guardian, 25th June 2012

Source: www.guardian.co.uk