UK a 'safe haven' for criminals without European Arrest Warrant

The UK risks becoming a 'safe harbour' for criminals if it does not opt back into the European Arrest Warrant (EAW), the Bar Council has warned parliament.

The warning comes ahead of the House of Lords Select Committee investigating extradition law hearings on EAW which is set for 5 November. Meanwhile, MPs are expected to vote on whether to opt in to the EAW later this month.

The EAW ensures direct enforcement by a judge in one EU member state of a warrant for arrest issued by the judicial authority of another EU member state.

National Crime Agency statistics between 2009 to April 2014 show the number of successful arrests, made under the EAW where criminals fled to the UK, include 84 arrests for child sex offences, 664 for drug trafficking, 143 for immigration and human trafficking offences. The same number of arrests were made for murder offences.

The statistics also reveal that only 2 per cent of the total number of persons requested from the UK by other states under the EAW over the past four years have been UK citizens. This is contrary to some reports. That equates to 467 out of a total of 22,693 requests spread evenly over the five year period.

'Leading voice'

The Bar Council has been actively involved in the debate over the UK's participation in the EAW over the past three years. Chairman of the Bar Council, Nicholas Lavender QC, said: "The EAW is not perfect and there is no doubt it needs reform. Steps are being taken at EU level and among the member states to make those changes, as well as to adopt other complementary measures that will improve its application in practice.

"The UK can and should be a leading voice in that reform process. It should also move to implement other related measures such as the European Supervision Order and the new European Investigation Order. The EAW regime replaced a much more cumbersome structure. It has substantially cut down the average time an extradition request takes, while increasing the numbers of fugitives returned."

The European Investigation Order is a single regime for the request and collection of evidence in another member state, which should reduce the number of cases where member states use an EAW inappropriately in order to gather evidence. Another related measure to the EAW is the European Supervision Order, by which a defendant can await trial in another member state on bail in his home member state. The UK is currently taking part in both these measures.

'Side lined'

Lavender said that an alternative approach to the EAW may be much more problematic for the UK. "It may require the UK to agree various bilateral or multilateral arrangements with other member states in the EU," he said. Failing that, we could be left refusing future requests for extradition entirely, which sends a very clear signal to criminals across the EU - that the UK is the continent's safe haven for criminals.

"The purpose of the EAW is to return a suspect to their national court, rather than be tried in a foreign court. Remaining outside of the EAW will take that principle away and put incredible strain on the UK's already buckling criminal justice system. The EAW needs sensible reform and the UK should be involved in that rather than being left on the side lines."

John van der Luit-Drummond is legal reporter for Solicitors Journal