Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 4 August (HL1114) about the European Arrest Warrant, whether they consider that habeas corpus can be applied in other European jurisdictions following extradition; and, if so, how.
Answered by Lord Bates
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.
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.
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.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Home Office:
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.
Answered by Lord Taylor of Holbeach
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.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, in the light of the review led by Dr Elizabeth Bates of the University of Cumbria showing that women are more likely to physically and mentally abuse their partners, whether they will encourage men to report such violence to the police.
Answered by Lord Taylor of Holbeach
We recognise that men can be victims of domestic violence and abuse, so the Government recognises the need to support frontline organisations working with male victims to ensure there is an enhancement of service provision for male victims. The Government's approach to tackling domestic violence and abuse is laid out in the Violence Against Women and Girls Action Plan, refreshed in March 2014:
which includes actions to protect men from domestic and sexual violence. This includes funding the Men's Advice Line and Broken Rainbow helplines. We are committed to supporting this vital service for male victims.
The Government believes that any victims suffering persistent abuse should be treated equally and is committed to supporting all victims of this terrible crime, regardless of gender, race or ethnicity.