“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.”
Home Office, 9th July 2013
Source: www.gov.uk/home-office
“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.”
The Guardian, 2nd July 2013
Source: www.guardian.co.uk
“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 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.”
The Guardian, 16th June 2013
Source: www.guardian.co.uk
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
“A former Tory peer who was jailed over the parliamentary expenses scandal has won £3,500 damages from Essex Police.”
The Independent, 15th February 2013
Source: www.independent.co.uk
“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.”
Law Society’s Gazette, 6th February 2013
Source: www.lawgazette.co.uk
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 [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
Supreme Court, 23rd January 2013
“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 [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
“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?”
UK Human Rights Blog, 18th October 2012
Source: www.ukhumanrightsblog.com
“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 Theresa May on extradition made on 16 October 2012.”
Home Office, 16th October 2012
Source: www.homeoffice.gov.uk
“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.”
Halsbury’s Law Exchange, 12th October 2012
Source: www.halsburyslawexchange.co.uk
“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.”
NearlyLegal, 30th September 2012
Source: www.nearlylegal.co.uk
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
“Today I am talking to Carl Gardner, ex government lawyer and author of The Head of Legal blog, about the Assange Asylum issue.”
Charon QC, 17th August 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
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