Home Department written question – answered at on 12 September 2005.
To ask the Secretary of State for the Home Department
(1) if he will make a statement in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June 2005, on the relationship between this Order and the European Arrest Warrant;
(2) if he will make a statement, in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June, on the criminalisation of unlawful residence;
(3) if he will make a statement in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150 vol 48 of 21 June, Article 7, on cases involving xenophobia;
(4) if he will make a statement, in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June 2005, Article 7, on the list of terrorist organisations to be recognised;
(5) if he will make a statement, in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June, on the mechanism for determining the nature of the prison regime to be used;
(6) if he will make a statement, in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June, on the right of appeal; what grounds exist; what higher system of appeal exists; what time scale is permitted; and what legal aid is available;
(7) if he will make a statement, in the context of the European Enforcement Order as set out in 2005/C 150/01 of Official Journal C150, vol 48, of 21 June 2005, on the central administrative authority to be designated for the UK;
The draft Framework Decision on the European Enforcement Order and the transfer of sentenced persons between member states of the European Union is at the early stages of negotiation and is subject to a UK Parliamentary scrutiny reservation. The draft Framework Decision is intended to speed up and simplify the existing arrangements for the transfer of prisoners between member states of the EU. It is also intended to facilitate the return of prisoners extradited in accordance with Article 5(3) of the Council Framework Decision of
Article 7 of the draft Framework Decision proposes a list of generic offences for which dual criminality would not be required in order to execute a European Enforcement Order. The restriction on the application of dual criminality has been accepted by the Government as a necessary element of the mutual recognition arrangements which are to form the basis for judicial co-operation within the EU. The proposed list of offences corresponds to that in the Framework Decision on the European Arrest Warrant and in the Council Framework Decision of
The draft Framework Decision does not require prisoners to consent to the transfer, although they must be given an opportunity to express their opinion. Prisoners do not have a right of appeal under the proposed Framework Decision. However, prisoners in the United Kingdom will be able to seek judicial review of any decision made, for which they may be granted publicly funded legal aid.
Prisoners transferred under the draft Framework Decision will be subject to the same prison regime as any other prisoner sentenced in the executing state.
It is likely that the National Offender Management Service will be designated as the central authority for England and Wales. The designation of a central authority for Scotland and for Northern Ireland is a matter for Scottish Ministers and for the Secretary of State for Northern Ireland.
Yes0 people think so
No0 people think not
Would you like to ask a question like this yourself? Use our Freedom of Information site.