Fiches Belges: United Kingdom (Third Country)
European Arrest Warrant (901) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | Yes, once the EAW is issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
This means EU countries can no longer refuse to surrender, to another EU country, their own citizens who have committed a serious crime or are suspected of having committed such a crime in another EU country, on the grounds that they are nationals |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | Council Framework Decision of 13 June 2002 |
3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | National Crime Agency (NCA)
Units 1 - 6 Citadel Place,
Tinworth Street,
London SE11 5EF | * execute/recognise the measure (if other than the receiving authority) | The relevant law enforcement agency |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | The EAW should be sent, together with a translation into the language of the executing State or into another official language of the institutions of the European Union accepted by that State, by means of a declaration deposited with the General Secretariat of the Council of the European Union |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | The state in which the person is arrested has to return him/her to the state where the EAW was issued within a maximum period of 90 days of the arrest. If the person gives his/her consent to the surrender, the decision shall be taken within 10 days. |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | The judicial authorities in the UK issuing the EAW will apply a 'proportionality check' by considering the seriousness of the offence, the length of sentence and the costs and benefits of executing an EAW. | b. Other useful information | The link below gives information for competent authorities abroad about obtaining evidence within the UK (or abroad) to assist in criminal investigations or proceedings:
https://www.gov.uk/guidance/mutual-legal-assistance-mla-requests |
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