Justice

– Scottish Parliament written question – answered at on 12 May 2005.

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Photo of Kenny MacAskill Kenny MacAskill Scottish National Party

Question S2W-16300

To ask the Scottish Executive, for each offence listed in Article 2(2) of Council Framework Decision 2002/584/SHA on the European Arrest Warrant and the surrender procedures between member states, for which offences in Scots law it considers a European Arrest Warrant could be issued without verification of double criminality by the receiving member state.

Colin Boyd QC:

Scots Criminal Law is largely based on the common law. As a result there is a wide variety of offences and aggravations available to meet a very large number of circumstances. It is not possible to compile an exhaustive list of the offences in Scots Law and it would not be practical or helpful to do so. Where consideration is given to the issuing of a European Arrest Warrant, in all cases the list of offences in Article 2.2 of the Council Framework Decision would be examined to see whether the offence involved would be covered by one of the offences on that list.

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