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

Interests of children should not prevent extradition for serious offences – UK Human Rights Blog

Posted June 25th, 2012 in appeals, children, EC law, extradition, human rights, news, warrants by sally

“These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court. The issue in all three was whether extradition would be incompatible with the rights of the appellants’ children to respect for private and family life under Article 8 of the ECHR.”

Full story

UK Human Rights Blog, 21st June 2012

Source: www.ukhumanrightsblog.com

Assange: does it matter if ministers mislead Parliament? – UK Human Rights Blog

Posted May 31st, 2012 in EC law, extradition, news, warrants by tracey

“Today, the Supreme Court held that Julian Assange should be extradited to Sweden for alleged rape. This is subject to further submissions on one point (concerning the Vienna Convention on Treaties), well covered by Joshua Rozenberg in his post on the lively proceedings when the judgment was handed down. The whole of the appeal turned on one technical point, simple to state, but it took the Court 266 paragraphs to answer. Was the European Arrest Warrant which triggered the extradition request signed by a ‘judicial authority,’ given that it was signed by a prosecutor?”

Full story

UK Human Rights Blog, 31st May 2012

Source: www.ukhumanrightsblog.com

Neave and others v Court of Rome, Italy – WLR Daily

Posted February 27th, 2012 in extradition, interpretation, law reports, warrants by tracey

Neave and others v Court of Rome, Italy: [2012] EWHC 358 (Admin);  [2012] WLR (D)  46

“In the context of the Extradition Act 2003 a person who was no more than a suspect was not an accused person. The mere suspicion that an individual had committed offences was insufficient to place him in the category of ‘accused’ persons. The dividing line between a suspect wanted for questioning and an accused person was fact specific and was complicated by the fact of the different legal systems in Part 1 countries. A purposive interpretation of ‘accused’ was to be adopted in order to accommodate the differences between legal systems. Courts had to adopt a cosmopolitan approach to the question whether, as a matter of substance rather than form, the requirement of there being an ‘accused’ person was satisfied. Resolving the issue would require an intense focus on the particular facts of each case. The fact that under the criminal procedure of the requesting state a person might be asked further questions before a decision was made to charge him was not decisive, as also was the absence of a full file. A person could be accused of an offence even though the decision had not finally been taken to prosecute or charge.”

WLR Daily, 23rd February 2012

Source: www.iclr.co.uk

Thousands of officials should lose right to enter your home without a warrant, peers say – Daily Telegraph

Posted February 7th, 2012 in environmental health, news, powers of entry, social services, warrants by sally

“Thousands of ‘faceless’ officials should lose the right to gain entry to people’s homes without a warrant, under legal changes demanded by the House of Lords tonight.”

Full story

Daily Telegraph, 6th February 2012

Source: www.telegraph.co.uk

Julian Assange enters final stage of extradition battle – The Guardian

Posted February 1st, 2012 in appeals, extradition, news, rape, sexual offences, Supreme Court, warrants by sally

“Wikileaks founder Julian Assange is to enter the final stage of his legal battle to avoid extradition to Sweden to face questioning over sex crime allegations.”

Full story

The Guardian, 1st February 2012

Source: www.guardian.co.uk

Overuse of pre-trial detention keeps thousands in EU jails, report finds – The Guardian

Posted January 16th, 2012 in detention, EC law, extradition, news, warrants by sally

“Thousands of people who have not been convicted of any crime are being held for months, or even years, because of the failure of pre-trial detention rules in the European Union, according to a survey.”

Full story

The Guardian, 13th January 2012

Source: www.guardian.co.uk

Julian Assange seeks to take extradition fight to supreme court – The Guardian

Posted November 16th, 2011 in appeals, extradition, news, sexual offences, Supreme Court, warrants by sally

“The founder of WikiLeaks, Julian Assange, is to apply for a supreme court hearing to appeal against extradition to Sweden to face sex crime allegations.”

Full story

The Guardian, 15th November 2011

Source: www.guardian.co.uk

Julian Assange v. Swedish Prosecution Authority – Judiciary of England and Wales

Posted November 2nd, 2011 in appeals, extradition, law reports, rape, warrants by michael

Judgment approved by the Court for handing down.

Julian Assange v. Swedish Prosecution Authority (pdf)

Judiciary of England and Wales, 2nd November 2011

Source: www.judiciary.gov.uk

Julian Assange loses appeal against extradition – The Guardian

Posted November 2nd, 2011 in appeals, extradition, news, rape, warrants by michael

“The WikiLeaks founder, Julian Assange, has lost his high court appeal against extradition to Sweden to face rape allegations.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Lord Hanningfield seeks damages over ‘unlawful arrest’ – BBC News

Posted October 18th, 2011 in damages, detention, expenses, news, trespass, warrants by sally

“Lord Hanningfield has threatened legal action over his ‘unlawful arrest’ over money claimed when he was leader of Essex County Council.”

Full story

BBC News, 18th October 2011

Source: www.bbc.co.uk