Archive for the 'warrants' Category

Trivial cases undermining European arrest warrants, warns Brussels – The Guardian

“The cross-border pursuit of bicycle thieves, piglet rustlers and those accused of trivial offences is damaging the credibility of the European arrest warrant, according to a report from Brussels.”

Full story

The Guardian, 10th April 2011

Source: www.guardian.co.uk

#Without Prejudice – The Law Podcast 1: Assange, EAW, British Bill of Rights, Oversupply of lawyers and Silk – Charon QC

“We covered a great deal of ground in this first episode of this round the table podcast: Assange verdict on extradition, European Arrest Warrants – The British Bill of Rights and the ECHR – The oversupply of lawyers …and we even had time to consider Garrow’s Law and Silk the BBC tv dramas on law and lawyers.”

Podcast

Charon QC, 24th February 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Julian Assange extradition decision: full judgment – The Guardian

“Read the judgment ordering the Wikileaks founder to be extradited to Sweden to face allegations of rape and sexual assault.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Julian Assange should face extradition, judge rules – Daily Telegraph

“WikiLeaks founder Julian Assange should be extradited to Sweden to face sex offence charges, a judge ruled today.”

Full story

Daily Telegraph, 24th February 2011

Source: www.telegraph.co.uk

Julian Assange is very likely to be extradited, says Matrix barrister – The Guardian

“It is ‘very likely’ that a senior district judge will order the extradition of Julian Assange to Sweden to face sexual assault charges, a barrister at Matrix Chambers predicted this week.”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

The Julian Assange case: a mockery of extradition? – The Guardian

“The European arrest warrant is being used to have thousands of people flown out to face charges that wouldn’t stick in the UK.”

Full story

The Guardian, 14th December 2010

Source: www.guardian.co.uk

O’Connell v Judicial Authority of Santa Cruz de Tenerife – WLR Daily

O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26

“It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed issuing the warrant for a significant period of time.”

WLR Daily, 21st October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministers move to change universal jurisdiction law – The Guardian

“The government is moving swiftly to change the law on universal jurisdiction to abolish the ability to bring private prosecutions for international crimes in the UK.”

Full story

The Guardian, 30th May 2010

Source: www.guardian.co.uk

Ministers plan law change to stop arrests of foreign officials – The Guardian

“New legislation that could strip magistrates of their power to issue arrest warrants for foreign dignitaries on visits to the UK has been attacked by MPs and campaigners.”

Full story

The Guardian, 15th January 2010

Source: www.guardian.co.uk

Syed v Director of Public Prosecutions – WLR Daily

Syed v Director of Public Prosecutions

“The test which should be used by a police constable to establish whether or not he was entitled under s 17(1)(e) of the Police and Criminal Evidence Act 1984 to use force to enter and search premises, without a warrant, for the purpose of ‘saving life or limb or preventing serious damage to property’ was whether some serious or dangerous incident had occurred, or was likely to occur, within the premises, and not the officer’s ‘concern for the welfare’ of someone in the premises.”

WLR Daily, 14th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British government will fight legal attempts to indict Israeli leaders in UK – The Guardian

“Baroness Scotland announces plans to alter laws after attempts to obtain warrants against Israeli generals for war crimes.”

Full story

The Guardian, 5th January 2010

Source: www.guardian.co.uk

Outcry over plan to give attorney general veto on war crimes warrants – The Guardian

“The attorney general will be asked to approve warrants before suspected war criminals can be arrested in future under a plan being negotiated by the Foreign Office in response to the row over attempts to arrest Israel’s former foreign minister.”

Full story

The Guardian, 16th December 2009

Source: www.guardian.co.uk

Louca v Public Prosecutor, Bielefeld – WLR Daily

Louca v Public Prosecutor, Bielefeld [2009] UKSC 4; [2009] WLR (D) 337

“To satisfy the requirements of s 2 of the Extradition Act 2003 a European arrest warrant only had to make reference to the requesting state’s domestic arrest warrant on which it was based and not to any previous European arrest warrant, based on the same domestic warrant, which had previously been issued and superseded.”

WLR Daily, 20th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Harry Rednapp lawyer takes on the police again over search warrant – The Times

“The lawyer who has put a police chief’s job on the line over a search warrant is the same man who represented Harry Redknapp in his successful claim over a dawn raid on his home.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

R v Seddon – WLR Daily

R v Seddon; [2009] WLR (D) 88

“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”

WLR Daily, 11th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bill to allow Commons searches with no warrant – The Independent

“The vow by Commons Speaker Michael Martin to prevent ‘unauthorised’ raids on MPs’ offices in the wake of the Damian Green affair was seriously undermined last night as it emerged that the Government is preparing new laws to allow investigators to mount parliamentary searches without a warrant.”

Full story

The Independent, 7th December 2008

Source: www.independent.co.uk

Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily

Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373

The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”

WLR Daily, 27th November 2008

Source; www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Popat – Times Law Reports

Regina v Popat

Court of Appeal

“It was preferable for crown court judges to direct police officers not to execute a warrant for the arrest except at the crown court, of a witness who had failed to appear in response to a summons, if satisfied that if the witness was going to attend voluntarily or was going to accompany them, or at least to back the warrant for bail.”

The Times, 10th September 2008

Source: www.timesonlineco.uk

Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – Times Law Reports

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy

House of Lords

“Where a fugitive from Italy had been found guilty of an offence in his absence and sentenced to a term of imprisonment, under Italian law, his trial had not been finally completed pending appeal and his extradition from the United Kingdom had been properly sought as an accused rather than a convicted person.”

The Times, 19th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date if publication.

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy – WLR Daily

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274

Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was not under Italian law finally completed until the appeal process was concluded.”

WLR Daily, 1st August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Criminals walk free thanks to paperwork – Daily Telegraph

“A report has found that the paperwork obsession among police, probation officers and court officials lets criminals and suspects who go on the run stay out of the reach of justice.”

Full story

Daily Telegraph, 1st August 2008

Source: www.telegraph.co.uk

Redknapp and Another v Commissioner of the City of London Police and Another – Times Law Reports

Redknapp and Another v Commissioner of the City of London Police and Another

Queen’s Bench Divisional Court

“Reasons for seeking the issue of an search warrant had to be set out to make it valid. For its execution to be lawful, the occupier of the premises had to be shown and given a copy of the warrant. ”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Khan v Commissioner of Police of the Metropolis – Times Law Reports

Khan v Commissioner of Police of the Metropolis

Court of Appeal

“Police powers to enter and search a premises without a warrant, could be used only where those premises were, in fact, occupied or controlled by a person under arrest, and not where the police had merely a reasonable belief that the suspect occupied or controlled the premises.”

The Times, 16th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Pietrzak v Regional Court in Wloclawek, Poland – WLR Daily

Pietrzak v Regional Court in Wloclawek, Poland; [2008] WLR (D) 190

“Art 8(1) of European Council Framework Decision of 13 June 2002 set out the contents necessary for a valid European arrest warrant: additional information specified in the form in the annex to the Framework Decision did not form part of the warrant for the purposes of validity.”

WLR Daily, 12th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Khan v Commissioner of Police of the Metropolis – WLR Daily

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Redknapp v Commissioner of the City of London Police and another – WLR Daily

Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin); [2008] WLR (D) 179

“A warrant authorising the entry and search of premises issued under s 8 of the Police and Criminal Evidence Act 1984 was unlawful if the application did not identify which of the four conditions specified in s 8(3) of the Act was being relied on. Further, the execution of such a warrant was invalidated by a failure to satisfy the requirements of s 16(5) of the Act, which provided that when premises were occupied, the officer executing the warrant must not only produce the warrant to the person in occupation, but also supply him or her with a copy of it.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court staff ‘let hundreds of offenders walk free’ – The Guardian

“Staff at Leeds magistrates court are facing disciplinary action for serious errors which resulted in hundreds of offenders escaping prosecution, the Ministry of Justice said today.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Regina (Szklanny) v Westminster City Magistrates Court – Times Law Reports

Regina (Szklanny) v Westminster City Magistrates Court

Queen’s Bench Divisional Court

“While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Warrant failure “let hundreds of suspects go free” – The Times

“Jack Straw has begun an urgent inquiry into allegations that hundreds of criminals, including sex offenders, have escaped prosecution because warrants were not issued when they failed to turn up at court.”

Full story

The Times, 30th November 2007

Source: www.timesonline.co.uk


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