Annex B: Category 1 Territories - The European Arrest Warrant
- B(i): List of Category 1 Territories
- B(ii): Framework Decision
- B(iii): EAW Template
- B(iv): Languages in which an EAW may be submitted
- B(v): Flowchart of the EAW Process
B(i): List of Category 1 Territories
Territories are designated as Category 1 territories both for the purposes of Part 1 of the Extradition Act, i.e. export extradition from the United Kingdom, and Part 3, i.e. import extradition to the United Kingdom.
The designated category 1 territories include the other 26 Member States of the European Union and also Gibraltar.
Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
European Union website, 'Europe at a glance', facts and figures, maps -
http://europa.eu/abc/european_countries/eu_members/index_en.htm
B(ii) Framework Decision
Full title - Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, 2002/584/JHA (Official Journal L 190, 18.07.2002)
The framework decision was amended from 28th March 2011 by the implementation of the Trials in Absence Framework Decision 2009/299/JHA of 26th February 2009. The latter decision inserted article 4a, 'Decisions rendered following a trial at which the person did not appear in person', and deleted article 5(1), one of the 'Guarantees to be given by the issuing Member State in particular cases'.
Home Office links to extradition page -
http://www.homeoffice.gov.uk/police/
http://www.homeoffice.gov.uk/police/extradition-intro1/
EJN link to the original text of the Framework Decision -
http://www.ejn-crimjust.europa.eu/ejn/EJN_StaticPage.aspx?Bread=12
Link to the Trials in Absence Framework Decision -
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:081:SOM:EN:HTML
B(iii): EAW Template
(return to paragraph 3.7; see also paragraph 3.2)
A copy of the EAW Application can be downloaded from the following link:
http://www.ejn-crimjust.europa.eu/ejn/libdocumentproperties.aspx?Id=390
This template includes the amendments made to section 'd' of the EAW by the implementation on 28th March 2011 of the Trials in Absence Framework Decision of 26th February 2009, reference 2009/299/JHA.
B(iv): Languages in which an EAW may be submitted
Austria: German or other language in reciprocity (accepts receiving the EAW in the official language of a Member State which also accepts receiving the EAW issued by Austrian judicial authorities in German)
Belgium: French, Dutch, German
Bulgaria: Bulgarian
Cyprus: Greek, Turkish, English
Czech Republic: Czech; with regard to the Slovak Republic the Czech Republic will accept an EAW produced in the Slovak language or accompanied by a translation into the Slovak language, while with regard to Austria the Czech Republic will accept an EAW in German
Denmark: Danish, English, Swedish
Estonia: Estonian or English
Finland: Finnish, Swedish, English
France: French
Germany: Germany applies reciprocity (accepts receiving the EAW in the official language of a Member State which also accepts receiving an EAW issued by German judicial authorities in German)
Greece: Greek
Hungary: Hungarian or a translation of the EAW into Hungarian. In relation to Member States which do not exclusively accept the EAW in their own language or in one of their official languages, Hungary accepts the EAW in English, French or German, or accompanied by a translation into one of those languages
Ireland: Irish or English or a language that the Ministry of Justice may by order prescribe, or the EAW with a translation into Irish or English
Italy: Italian
Latvia: Latvian, English
Lithuania: Lithuanian, English
Luxembourg: French, German, English
Malta: Maltese, English
Netherlands: Dutch, English or any another official language of the European Union provided that an English translation is submitted at the same time
Poland: Polish
Portugal: Portuguese (Also accepts EAWs from Spain in Spanish)
Romania: Romanian, French and English
Slovakia: Slovakian or, on the basis of prior bilateral treaties, German with Austria, Czech with the Czech Republic, Polish with Poland
Slovenia: Slovenian and English
Spain: Spanish. Where an EAW is issued through a SIS alert, the executing judicial authority will ensure translation if it is not in Spanish. (Also accepts EAWs from Portugal in Portuguese.)
Sweden: Swedish, Danish, Norwegian, English or a translation into one of those languages
United Kingdom: English or a translation of the EAW into English
B(v) FLOWCHART OF THE EAW PROCESS
1. POLICE
a) Police (or other investigative agency) investigate the offence and submit file to CPS
b) Obtain a domestic arrest warrant in 'accusation' cases, or memorandum of conviction in 'conviction' cases
2. CROWN PROSECUTION SERVICE
a) Considers if Code Tests are passed for specified offences
b) Drafts EAW and applies to local court to have it issued (see section 3; then)
c) Sends signed EAW, with identification evidence, to SOCA
d) Deals with requests for further information from foreign judicial authority if received via SOCA
3. ISSUING JUDICIAL AUTHORITY
a) Judicial authority (magistrate, district judge, Crown Court judge) considers the EAW; signs and thereby issues the EAW (see then 2c)
b) 'Judge' does not have to be the person who issued the domestic warrant in an 'accusation' case (nor the same court)
4. SERIOUS ORGANISED CRIME AGENCY
a) Sends EAW via Interpol channels
b) Assists Member States in locating wanted person
c) Oversees arrangements if person's surrender is ordered
d) Intermediary between judicial authorities if further information required by executing authority
5. INTERPOL IN OTHER MEMBER STATE
a) Recipient of EAW
b) Local procedures followed re. verification of EAW
c) Role in locating person and arrest of person
6. EXECUTING JUDICIAL AUTHORITY
a) Post arrest, undertakes extradition process in accordance with domestic law that implemented the Framework Decision
b) Framework Decision requires extradition decision within 60 days of arrest (extendable to 90)
c) Variations in Member States - the Framework Decision contains 'optional grounds for non-execution'; implementation of these grounds largely dependant on national law; e.g. some states will require sentences imposed to be served in their state, and not the issuing state
7. SURRENDER OF PERSON
UK police collect person from other Member State and in 'accusation' cases bring the person to the court that issued the domestic warrant (not the EAW); in post sentence cases, person taken to prison to continue sentence
8. UPON RETURN TO UK
a) If purpose of request was to prosecute or sentence the person, matter progresses from first court hearing as per any purely domestic matter
b) If specialty rules require, consent to prosecute for further offences may be submitted to executing judicial authority
9. OTHER ISSUES
a) Undertakings - undertakings for surrender of nationals and temporary surrender are given in UK by the Secretary of State; e.g. the person will be remanded in custody whilst in the UK and returned to the other state following conclusion of proceedings, to continue their foreign sentence and / or serve their UK sentence there
b) Provisional arrest - can request a provisional arrest but Member States will require receipt of EAW within a specified timeframe (varies between Member States)
