| answer text |
<p>Article 12 of the relevant Framework Decision ("Keeping the person in detention")
states that "When a person is arrested on the basis of a European Arrest Warrant,
the executing judicial authority shall take a decision on whether the requested person
should remain in detention". This obliges the relevant judicial authority to
take a decision on whether or not the person should remain in detention, and that
must be taken in accordance with the law of the executing State. Therefore, each and
every EU Member State must consider carefully whether a person can be legally detained
or not. That is in keeping with the intention underpinning the principle of habeas
corpus.</p><p>The Government has also introduced reforms to the operation of the Arrest
Warrant that limit the unjustified detention abroad of individuals surrendered by
the United Kingdom. For example, section 12A of the Extradition Act 2003 provides
a bar to extradition on the grounds of "absence of prosecution decision".
This means that, in cases where the person is wanted to stand trial, extradition can
only go ahead where the issuing State has made a decision to charge the person and
a decision to try the person, or that the person’s absence from that State is the
only reason for the failure to take the decision(s). This provision ensures that,
where a State is simply not ready to try a person, extradition is refused and the
person is not surrendered only to spend a potentially lengthy period in pre-trial
detention.</p><p>Following our reforms, Section 21B of the same Act allows, with both
the requested person’s and the issuing State’s consent, for the person’s temporary
transfer to the issuing State or for the person to speak with the authorities in that
State whilst he or she remains in the UK (for example, by video link). This provision
ensures those who are subject to an Arrest Warrant have an opportunity to communicate
with the issuing State without being surrendered. In a number of cases this may result
in the issuing State withdrawing the Arrest Warrant (e.g. if it decides the person
is not the person they are looking for), ensuring the minimum time possible will be
spent in detention.</p><p> </p>
|
|
