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100054

	registered interest
	date	21/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the event of the United Kingdom not opting back into the provisions of the European Arrest Warrant, which member states still have on their statute books the legislation necessary to revert to the Council of Europe Convention on Extradition 1957.
	tabling member printed	Lord Inglewood
	uin	HL2260
	answer	answer is ministerial correction date of answer 17/11/2014 answer text <p>All EU member states have ratified the 1957 Council of Europe Convention on Extradition (ECE). Consequently, they will all have legislation that allows them to operate the ECE with other ECE signatories who do not use the Arrest Warrant. However, a number of EU member states have subsequently passed specific legislation to implement the Arrest Warrant and would need to pass new domestic legislation in order to allow them to operate the ECE with the UK. In some cases, this could be a lengthy process. For example, we believe that it would take the Netherlands at least a year to pass the necessary legislation and during this time they would not be able to issue extradition requests to the UK, or respond to UK extradition requests. Effectively, this would make both countries a safe haven for each others’ criminals.<br><br>Under the 1957 European Convention on Extradition, 22 Member States may also refuse to extradite its own nationals which means that some people may never face justice. In non-European Arrest Warrant cases, the following EU Member States have an absolute bar on extraditing their own nationals to the UK:<br><br>Austria<br>Belgium<br>Czech Republic<br>Finland <br>France<br>Germany<br>Greece<br>Latvia<br>Luxembourg<br>Slovakia<br>Slovenia<br>Spain<br>Sweden<br><br>A further nine have made declarations to the 1957 European Convention on Extradition to the effect that they will not extradite their own nationals:<br><br>Bulgaria<br>Croatia<br>Cyprus<br>Estonia<br>Hungary<br>Lithuania<br>Poland<br>Portugal<br>Romania</p><p> </p> answering member printed Lord Bates question first answered 17/11/2014 12:19:37 answering member 1091 label Biography information for Lord Bates
	tabling member	1980 label Biography information for Lord Inglewood

77817

	registered interest
	date	14/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether the new conditions for granting European Arrest Warrants will (1) require prima facie evidence to be produced, and (2) safeguard the right of habeas corpus.
	tabling member printed	Lord Stoddart of Swindon
	uin	HL1114
	answer	answer is ministerial correction date of answer 04/08/2014 answer text <p>It is not a requirement of the European Arrest Warrant Framework Decision that a State provide prima facie evidence when issuing a warrant. Prima facie evidence was similarly not required under the previous extradition arrangements for countries within the EU - the European Convention on Extradition of 1957.The Government has legislated to reform the operation of the EAW and increase the protections for British citizens and others who are wanted for extradition. These safeguards, contained in the Anti-Social Behaviour, Crime and Policing Act 2014, were commenced on 21 July 2014. These changes include the introduction of a proportionality bar. This requires a British judge to consider whether extradition would be disproportionate (and to discharge the person if it would be), taking into account the seriousness of the alleged conduct, the likely sentence the person would receive if convicted, and the possibility of the issuing State taking measures that would be less coercive than extradition. We have also addressed the concerns that relate to pre-trial detention. Where there are reasonable grounds for believing that decisions to charge and try the person have not been made, the issuing State must now prove that they have been (unless the only reason for this is the person's absence from the issuing State), or the judge is required to discharge the person. This will help ensure people are not extradited only to spend length periods in pre-trial detention whilst the issuing State continues to investigate the offence. In addition, to help deal with concerns relating to length pre-trial detention, it is now possible for an individual to be temporarily transferred to the issuing State or to speak with the authorities in that State by videoconference ahead of the extradition hearing the UK, if the person consents. We have also made the Extradition Act 2003 clearer with regard to the existing requirement for dual criminality; in particular, setting out that in cases where all or part of the conduct occurred in the UK, and the conduct is not criminalised here, the European Arrest Warrant must be refused for that conduct. The Government has also introduced (by way of the Crime and Courts Act 2013) a forum bar, to ensure that the possibility of a domestic prosecution has been properly explored as part of the extradition proceedings. The Government is satisfied that the UK’s transposition of the European Arrest Warrant Framework Decision complies fully with the concept of Habeas Corpus.</p><p> </p><p> </p><p> </p> answering member printed Lord Taylor of Holbeach question first answered 04/08/2014 13:16:49 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	950 label Biography information for Lord Stoddart of Swindon

101928

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other people have had their extradition from the UK under a European arrest warrant blocked under the proportionality test in section 21A of the Extradition Act 2003 since that Act came into force.
	tabling member constituency	North East Somerset
	tabling member printed	Jacob Rees-Mogg
	uin	212692
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p>More than 95% of people surrendered under an Arrest Warrant over the past five years have been foreign citizens. Since the reforms in section 21A of the Extradition Act 2003 came into force on 21 July 2014 no Arrest Warrants have been refused to be certified by the National Crime Agency for British nationals, and 21 Arrest Warrants have been refused to be certified for foreign nationals on thebasis of proportionality. <br>Given the estimated cost of £13,000 for processing an Arrest Warrant, savings in excess of £273,000 are likely to have been made to the taxpayer as a result of those refusals.<br><br>Since 21 July 2014 no Arrest Warrants have been discharged by the courts under charge and try provisions, as set out in section 156 of the Anti-Social Behaviour, Crime and Policing Act 2014 which inserts section 12A into the Extradition Act 2003. Given this provision is a decision for the courts and has only been in force for three months, we expect that the position will change as individual cases are appealed to higher courts. <br><br>Since 21 July 2014, 15 British nationals and 287 foreign nationals have been surrendered from the UK to other Member States under an Arrest Warrant. The offences for which British nationals have been surrendered are as follows:<br><br>3 x Fraud<br>2 x Drug trafficking<br>2 x Grievous Bodily Harm <br>1 x Murder/Manslaughter <br>1 x Rape <br>1 x Serious Sexual Assault <br>1 x Immigration &amp; Human Trafficking <br>1 x Evasion of Duty - over £100,000 <br>1 x Fraud - over £100,000 <br>1 x Assault Occasioning Actual Bodily Harm <br>1 x Drugs Offences</p><p> </p><p> </p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212694 212695 question first answered 13/11/2014 17:56:58 answering member 1530 label Biography information for James Brokenshire previous answer version 25951 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

101929

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other people have had their extradition from the UK under a European arrest warrant blocked under the provisions of section 12A of the Extradition Act 2003 since that section came into force.
	tabling member constituency	North East Somerset
	tabling member printed	Jacob Rees-Mogg
	uin	212694
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p>More than 95% of people surrendered under an Arrest Warrant over the past five years have been foreign citizens. Since the reforms in section 21A of the Extradition Act 2003 came into force on 21 July 2014 no Arrest Warrants have been refused to be certified by the National Crime Agency for British nationals, and 21 Arrest Warrants have been refused to be certified for foreign nationals on thebasis of proportionality. <br>Given the estimated cost of £13,000 for processing an Arrest Warrant, savings in excess of £273,000 are likely to have been made to the taxpayer as a result of those refusals.<br><br>Since 21 July 2014 no Arrest Warrants have been discharged by the courts under charge and try provisions, as set out in section 156 of the Anti-Social Behaviour, Crime and Policing Act 2014 which inserts section 12A into the Extradition Act 2003. Given this provision is a decision for the courts and has only been in force for three months, we expect that the position will change as individual cases are appealed to higher courts. <br><br>Since 21 July 2014, 15 British nationals and 287 foreign nationals have been surrendered from the UK to other Member States under an Arrest Warrant. The offences for which British nationals have been surrendered are as follows:<br><br>3 x Fraud<br>2 x Drug trafficking<br>2 x Grievous Bodily Harm <br>1 x Murder/Manslaughter <br>1 x Rape <br>1 x Serious Sexual Assault <br>1 x Immigration &amp; Human Trafficking <br>1 x Evasion of Duty - over £100,000 <br>1 x Fraud - over £100,000 <br>1 x Assault Occasioning Actual Bodily Harm <br>1 x Drugs Offences</p><p> </p><p> </p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212692 212695 question first answered 13/11/2014 17:56:58 answering member 1530 label Biography information for James Brokenshire previous answer version 25953 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

101932

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other people have been extradited from the UK under a European arrest warrant since sections 156 and 157 of the Anti-Social Behaviour, Crime and Policing Act 2014 came into force.
	tabling member constituency	North East Somerset
	tabling member printed	Jacob Rees-Mogg
	uin	212695
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p>More than 95% of people surrendered under an Arrest Warrant over the past five years have been foreign citizens. Since the reforms in section 21A of the Extradition Act 2003 came into force on 21 July 2014 no Arrest Warrants have been refused to be certified by the National Crime Agency for British nationals, and 21 Arrest Warrants have been refused to be certified for foreign nationals on thebasis of proportionality. <br>Given the estimated cost of £13,000 for processing an Arrest Warrant, savings in excess of £273,000 are likely to have been made to the taxpayer as a result of those refusals.<br><br>Since 21 July 2014 no Arrest Warrants have been discharged by the courts under charge and try provisions, as set out in section 156 of the Anti-Social Behaviour, Crime and Policing Act 2014 which inserts section 12A into the Extradition Act 2003. Given this provision is a decision for the courts and has only been in force for three months, we expect that the position will change as individual cases are appealed to higher courts. <br><br>Since 21 July 2014, 15 British nationals and 287 foreign nationals have been surrendered from the UK to other Member States under an Arrest Warrant. The offences for which British nationals have been surrendered are as follows:<br><br>3 x Fraud<br>2 x Drug trafficking<br>2 x Grievous Bodily Harm <br>1 x Murder/Manslaughter <br>1 x Rape <br>1 x Serious Sexual Assault <br>1 x Immigration &amp; Human Trafficking <br>1 x Evasion of Duty - over £100,000 <br>1 x Fraud - over £100,000 <br>1 x Assault Occasioning Actual Bodily Harm <br>1 x Drugs Offences</p><p> </p><p> </p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212692 212694 question first answered 13/11/2014 17:56:58 answering member 1530 label Biography information for James Brokenshire previous answer version 25954 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

101934

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, how many requests each police force in England has made for European arrest warrants for the extradition of individuals elsewhere in the European Union for return to the UK since July 2014.
	tabling member constituency	Banbury
	tabling member printed	Sir Tony Baldry
	uin	212698
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p><br>Between 21 July 2014 and 31 October 2014, 48 Arrest Warrants have been issued on behalf of police forces in England. This breaks down as follows:</p><p> </p><table><tbody><tr><td><p><strong>Arrest Warrants issued to other Member States, by Force Area</strong></p></td><td><p><strong>Total</strong></p></td></tr><tr><td><p>Avon &amp; Somerset</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Bedfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cambridgeshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cheshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cleveland</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cumbria</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Derbyshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Devon &amp; Cornwall</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Dorset</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Durham</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Essex Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Gloucestershire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Greater Manchester</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Hampshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Hertfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Humberside</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Kent</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lancashire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Leicestershire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lincolnshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>London - Metropolitan</p></td><td><p><strong>10</strong></p></td></tr><tr><td><p>City of London Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Merseyside</p></td><td><p><strong>9</strong></p></td></tr><tr><td><p>Norfolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>North Yorkshire</p></td><td><p><strong>3</strong></p></td></tr><tr><td><p>Northamptonshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Northumbria</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Nottinghamshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>South Yorkshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Staffordshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Suffolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Surrey</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Sussex</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Thames Valley</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Warwickshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Mercia</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Midlands</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>West Yorkshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Wiltshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>48</strong></p></td></tr><tr><td> </td><td> </td></tr></tbody></table><p> </p><p> </p><p> </p><p>These figures have been provided by the National Crime Agency and are not validated. It will be subject to further verification and end-of-year <br>validation and so may change.</p><p> </p><p>Between 21 July 2014 and 31 October 2014, the National Crime Agency has refused to certify 59 Arrest Warrants. Of those, 21 Arrest Warrants have been refused on the basis that the person’s extradition would be disproportionate. This includes for non-payment of child maintenance and using forged banks note to the value of around 31 pounds to pay for goods in a shop. A further 38 Arrest Warrants because have been refused on the basis that they would obviously be refused by the courts for a failure to establish dual criminality.</p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212699 212700 question first answered 13/11/2014 17:58:57 answering member 1530 label Biography information for James Brokenshire previous answer version 25924 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	93 label Biography information for Sir Tony Baldry

101935

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, how many European arrest warrant requests have been rejected since July 2014.
	tabling member constituency	Banbury
	tabling member printed	Sir Tony Baldry
	uin	212699
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p><br>Between 21 July 2014 and 31 October 2014, 48 Arrest Warrants have been issued on behalf of police forces in England. This breaks down as follows:</p><p> </p><table><tbody><tr><td><p><strong>Arrest Warrants issued to other Member States, by Force Area</strong></p></td><td><p><strong>Total</strong></p></td></tr><tr><td><p>Avon &amp; Somerset</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Bedfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cambridgeshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cheshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cleveland</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cumbria</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Derbyshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Devon &amp; Cornwall</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Dorset</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Durham</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Essex Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Gloucestershire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Greater Manchester</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Hampshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Hertfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Humberside</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Kent</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lancashire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Leicestershire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lincolnshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>London - Metropolitan</p></td><td><p><strong>10</strong></p></td></tr><tr><td><p>City of London Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Merseyside</p></td><td><p><strong>9</strong></p></td></tr><tr><td><p>Norfolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>North Yorkshire</p></td><td><p><strong>3</strong></p></td></tr><tr><td><p>Northamptonshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Northumbria</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Nottinghamshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>South Yorkshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Staffordshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Suffolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Surrey</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Sussex</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Thames Valley</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Warwickshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Mercia</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Midlands</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>West Yorkshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Wiltshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>48</strong></p></td></tr><tr><td> </td><td> </td></tr></tbody></table><p> </p><p> </p><p> </p><p>These figures have been provided by the National Crime Agency and are not validated. It will be subject to further verification and end-of-year <br>validation and so may change.</p><p> </p><p>Between 21 July 2014 and 31 October 2014, the National Crime Agency has refused to certify 59 Arrest Warrants. Of those, 21 Arrest Warrants have been refused on the basis that the person’s extradition would be disproportionate. This includes for non-payment of child maintenance and using forged banks note to the value of around 31 pounds to pay for goods in a shop. A further 38 Arrest Warrants because have been refused on the basis that they would obviously be refused by the courts for a failure to establish dual criminality.</p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212698 212700 question first answered 13/11/2014 17:58:57 answering member 1530 label Biography information for James Brokenshire previous answer version 25925 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	93 label Biography information for Sir Tony Baldry

101940

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what forecast she has made of the proportion of extraditions of (a) British nationals and (b) other persons sought from the UK under a European Arrest Warrant in which a decision to charge or try the wanted person will require that person's presence in the country seeking their extradition after the Police and Criminal Justice Act.
	tabling member constituency	North East Somerset
	tabling member printed	Jacob Rees-Mogg
	uin	212786
	answer	answer is ministerial correction date of answer 10/11/2014 answer text <p>The reforms this Government made to the Arrest Warrant in the Anti-social Behaviour, Crime and Policing Act 2014 address the concerns of Parliament and others regarding lengthy pre-trial detention in other Member States following surrender using the Arrest Warrant (such as in the case of Andrew Symeou). <br><br>The Home Secretary directly acknowledged those concerns in her statement to Parliament of 16 October 2012 when she said the &quot;Arrest Warrant has had some success in streamlining the extradition process within the EU, but there have also been problems there are issues around the lengthy pre-trial detention of some British citizens overseas.&quot; (Official Report, Col 164, 16 October 2012).<br><br>Section 12A of the Extradition Act 2003, which was introduced by the 2014 Act, was developed with those concerns and the case of Andrew Symeou in mind. <br><br>This is witnessed by what the Home Secretary said to Parliament on 9 July 2013: &quot;The change that I am introducing would have allowed Andrew Symeou to raise, in his extradition hearing, the issue of whether a decision to charge him and a decision to try him had been taken. It would likely have prevented his extradition at the stage he was surrendered and, quite possibly, altogether.&quot; (Official Report, Col 177, 9 July 2013)<br><br>The Government also looked closely at the manner in which Ireland had dealt with the issue of lengthily pre-trial detention, considering their ‘charge and try’ provision and the extent to which it has had an impact on Arrest Warrant cases (for instance, as shown by the judgment in Minister for Justice, Equality and Law Reform v Bailey (21 March 2012).<br><br>In framing the section, the Government also recognised that the legal systems of some other Member States (e.g. Sweden) require that the person be present in the jurisdiction in order for the decisions to charge and try to be taken. Full consideration was given to this position, with section 12A being clear that in cases where the decisions have not been taken, the person’s absence from the issuing State must be the sole reason for that failure if extradition is to take place. In all cases, if the issuing State is not trial-ready then extradition cannot take place.</p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley grouped question UIN 212696 212701 question first answered 10/11/2014 16:00:48 answering member 4110 label Biography information for Dame Karen Bradley previous answer version 25956 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

101945

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what evidence her Department holds on extraditions of British nationals from the UK that took place over the period April 2009 to April 2014 under the European Arrest Warrant which led to the bringing into force of section 12A of the Extradition Act 2003.
	tabling member constituency	North East Somerset
	tabling member printed	Jacob Rees-Mogg
	uin	212701
	answer	answer is ministerial correction date of answer 10/11/2014 answer text <p>The reforms this Government made to the Arrest Warrant in the Anti-social Behaviour, Crime and Policing Act 2014 address the concerns of Parliament and others regarding lengthy pre-trial detention in other Member States following surrender using the Arrest Warrant (such as in the case of Andrew Symeou). <br><br>The Home Secretary directly acknowledged those concerns in her statement to Parliament of 16 October 2012 when she said the &quot;Arrest Warrant has had some success in streamlining the extradition process within the EU, but there have also been problems there are issues around the lengthy pre-trial detention of some British citizens overseas.&quot; (Official Report, Col 164, 16 October 2012).<br><br>Section 12A of the Extradition Act 2003, which was introduced by the 2014 Act, was developed with those concerns and the case of Andrew Symeou in mind. <br><br>This is witnessed by what the Home Secretary said to Parliament on 9 July 2013: &quot;The change that I am introducing would have allowed Andrew Symeou to raise, in his extradition hearing, the issue of whether a decision to charge him and a decision to try him had been taken. It would likely have prevented his extradition at the stage he was surrendered and, quite possibly, altogether.&quot; (Official Report, Col 177, 9 July 2013)<br><br>The Government also looked closely at the manner in which Ireland had dealt with the issue of lengthily pre-trial detention, considering their ‘charge and try’ provision and the extent to which it has had an impact on Arrest Warrant cases (for instance, as shown by the judgment in Minister for Justice, Equality and Law Reform v Bailey (21 March 2012).<br><br>In framing the section, the Government also recognised that the legal systems of some other Member States (e.g. Sweden) require that the person be present in the jurisdiction in order for the decisions to charge and try to be taken. Full consideration was given to this position, with section 12A being clear that in cases where the decisions have not been taken, the person’s absence from the issuing State must be the sole reason for that failure if extradition is to take place. In all cases, if the issuing State is not trial-ready then extradition cannot take place.</p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley grouped question UIN 212696 212786 question first answered 10/11/2014 16:00:48 answering member 4110 label Biography information for Dame Karen Bradley
	tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

101946

	registered interest
	date	30/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, for what reasons European arrest warrants have been rejected since July 2014.
	tabling member constituency	Banbury
	tabling member printed	Sir Tony Baldry
	uin	212700
	answer	answer is ministerial correction date of answer 13/11/2014 answer text <p><br>Between 21 July 2014 and 31 October 2014, 48 Arrest Warrants have been issued on behalf of police forces in England. This breaks down as follows:</p><p> </p><table><tbody><tr><td><p><strong>Arrest Warrants issued to other Member States, by Force Area</strong></p></td><td><p><strong>Total</strong></p></td></tr><tr><td><p>Avon &amp; Somerset</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Bedfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cambridgeshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cheshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Cleveland</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Cumbria</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Derbyshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Devon &amp; Cornwall</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Dorset</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Durham</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Essex Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Gloucestershire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Greater Manchester</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Hampshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Hertfordshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Humberside</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Kent</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lancashire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Leicestershire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Lincolnshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>London - Metropolitan</p></td><td><p><strong>10</strong></p></td></tr><tr><td><p>City of London Police</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Merseyside</p></td><td><p><strong>9</strong></p></td></tr><tr><td><p>Norfolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>North Yorkshire</p></td><td><p><strong>3</strong></p></td></tr><tr><td><p>Northamptonshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Northumbria</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Nottinghamshire</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>South Yorkshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Staffordshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Suffolk</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Surrey</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>Sussex</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Thames Valley</p></td><td><p><strong>1</strong></p></td></tr><tr><td><p>Warwickshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Mercia</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p>West Midlands</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>West Yorkshire</p></td><td><p><strong>2</strong></p></td></tr><tr><td><p>Wiltshire</p></td><td><p><strong>0</strong></p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>48</strong></p></td></tr><tr><td> </td><td> </td></tr></tbody></table><p> </p><p> </p><p> </p><p>These figures have been provided by the National Crime Agency and are not validated. It will be subject to further verification and end-of-year <br>validation and so may change.</p><p> </p><p>Between 21 July 2014 and 31 October 2014, the National Crime Agency has refused to certify 59 Arrest Warrants. Of those, 21 Arrest Warrants have been refused on the basis that the person’s extradition would be disproportionate. This includes for non-payment of child maintenance and using forged banks note to the value of around 31 pounds to pay for goods in a shop. A further 38 Arrest Warrants because have been refused on the basis that they would obviously be refused by the courts for a failure to establish dual criminality.</p><p> </p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire grouped question UIN 212698 212699 question first answered 13/11/2014 17:58:57 answering member 1530 label Biography information for James Brokenshire previous answer version 25926 answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire answering member 1530 label Biography information for James Brokenshire
	tabling member	93 label Biography information for Sir Tony Baldry