European Arrest Warrants

House of Lords written question – answered at on 6 January 2015.

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Photo of Lord Wade of Chorlton Lord Wade of Chorlton Conservative

To ask Her Majesty’s Government what assessment they have made of the impact of the European Arrest Warrant on the application of habeas corpus.

Photo of Lord Bates Lord Bates The Parliamentary Under-Secretary of State for the Home Department

Part 1 of the Extradition Act 2003 implemented the European Arrest Warrant. We are clear that the remedy of Habeas Corpus still exists in cases involving the European Arrest Warrant.

The issue of Habeas Corpus was discussed during the passage of the Act through Parliament in 2003 and has been ruled on by the courts, with both making it clear that the remedy remains available in EAW cases.

For example, Lord Justice Baker concluded in the matter of Nikonovs v Governor of Brixton Prison [2006] that “In my view the passages from Hansard that I have cited make the answer clear beyond a peradventure ... In my judgment the remedy is available”.

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