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<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>
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