European Arrest Warrant: What you need to know

Britain must choose to opt in to 35 EU laws on justice and home affairs. Credit: PA

What is the European Arrest Warrant?

The EAW was introduced in 2004 to replace lengthy extradition procedures between EU countries.

It was implemented in the wake of the 9/11 terror attacks on the US and means that countries signed up to it can no longer refuse to surrender their own citizens to another EU country on the grounds they are nationals.

When does it apply?

An EAW can be issued by a national judicial authority if the person sought is accused of an offence which would carry a prison sentence of at least one year, or has already been sentenced to at least four months behind bars.

Who has it helped prosecute so far?

Since it came into force the EU says it has helped prosecute:

  • Failed London bomber bomber Osman Hussein, who was caught in Italy

  • Teacher Jeremy Forrest, who was extradited from France to face trial over the alleged abduction of a 15-year-old female pupil.

  • A German serial killer who was tracked down in Spain

  • A suspected drug smuggler from Malta extradited from the UK

  • A gang of armed robbers sought by Italy whose members were arrested in six different EU countries

What does it mean for Britain?

If Britain decides to opt in to the EAW it means we must hand over British citizens when a warrant is issued.

Police argue it is vital to protect the public from crime.

But it also means the government have no choice but to agree to the extradition of British citizens without giving that person the right to ask if there is even a case against them.

However, if we opt out it means Britain will revert back to previous extradition proceedings which are longer and less reliable and could compromise the justice system.

When will the decision be made?

EAWs will be discussed in parliament today and an initial vote is expected by December 1.