Dear Audi,
Let me answer your question. However, please be reminded of Google
Answer's disclaimer: "Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional [...] legal, [...] advice". I recommend that
your friend would consult a solicitor as soon as possible.
Legal Aid practitioners could be found on these websites:
Legal Aid Practitioners Group Consultants
<http://www.lapg.co.uk/Consultants.cfm>
Legal Advice Free
<http://www.legaladvicefree.co.uk/>
Now, let me present my answer. Extradition arrangements with the
Republic of Ireland in England and Wales are under the Backing of
Warrants (Republic of Ireland) Act 1965, and not under regular
provisions of extradition with EU countries. This is important,
because you've been directed to the Extradition Section of the Home
Office, and asked for EU regulations, but unfortunately for your
friend, cooperation is much tighter between the UK and the RoI than it
is between the UK and other EU countries.
Backing of Warrants
===============
This is a simplified form of extradition treaty, whereas much of the
formality is lifted, and police forces are working directly with one
another.
It is different from the regular EU system in that :
"Evidence to show there is a case against the offender is not required
to be placed before the Court. " [?] "The process is intended to be a
simpler and speedier process than extradition procedures. " (1)
If the RoI has issued a warrant for a person's arrest, because he or
she is at large (has fled sentencing), the information would be shared
with UK police forces and believes that the offender is in that
jurisdiction.
See also: The Backing of Warrents
< http://www.legislation.hmso.gov.uk/si/si1994/Uksi_19941952_en_1.htm>
Is there a warrant?
=============
How to know whether or not there is a warrant against an offender at large?
The backing of warrants system means that the Police and the Garda
work in cooperation, but also that the warrant must be submitted to
the relevant constabulary. The phone given to you by my colleague is
not likely to help (as this is not a case of extradition), though it
worth a try.
The offender should address the Irish courts system and/or the
relevant constabulary. It is well advised that he'll do it through a
solicitor. Except for addressing the relevant constabulary (see list
below), one could look up several lists of wanted persons:
Wanted List ? UK and Europe
< http://www.police.uk/content/wanted.asp>
Police forces in England, Wales and Northern Ireland
< http://www.police.uk/forces/forceslist.asp>
Scottish Police Service
< http://www.scottish.police.uk/>
Irish Courts
< http://www.courts.ie/courts.ie/library3.nsf/PageCurrentWebLookUpTopNav/Home>
What would happen?
==============
If the offender is believed to be in the UK, a warrant would be issued.
"When the police receive from their Irish counterparts (the Garda) a
warrant issued in the Republic of Ireland, they will have it endorsed
by a Justice of the Peace in the form prescribed in the Rules. In
making the application, the constable must produce the warrant and
state on oath that he has reason to believe the offender named therein
is within the area for which the justice of the peace acts." (1)
Court Decision
===========
The nature of the offence and the sentencing period have an impact on
the court decision:
Sentecing Period
---------------------
You friend stands a fair chance of not being extradited, if the
sentencing period is less than six months. However, this also depends
on the nature of the crime committed.
Nature of the offence
-------------------------
If your friend has been convicted for an offence that doesn't exist in
the United Kingdom, it could buy him some time and usually prevent
extradition. However, in general, any request would be respected.
In addition, extradition will not take place where it would breach the
fugitive's rights under the European Convention on Human Rights; if
this offence is against military law but not against the general
criminal code; "the request is made in order to prosecute or punish
the fugitive on account of his race, faith, nationality or political
opinions, or if he might be denied a fair trial for these reasons"; or
if "the fugitive has previously been acquitted or convicted of the
same crime for which his extradition is sought." (except for certain
offences, such as terrorism).
"After the offender is arrested the police must bring him before a
magistrates' court as soon as is practicable. The CPS will generally
handle the matter, although the proceedings have not been instituted
by the police.
The Court must be satisfied about 2 requirements:
? The offence specified in the warrant has to correspond with an
offence under the law of England and Wales. The Court is not required
to look for an English offence which is identical with the offence
specified in the warrant, nor one whose legal elements are the same.
The Court look at the particulars in the warrant to see if there is an
offence with which the offence in the warrant would correspond if it
had occurred in England and Wales.
? Under the laws of the Republic of Ireland the offence has to be an
indictable offence or an offence punishable on summary conviction with
imprisonment for 6 months." (1)
In other words, if the offence does "not "correspond" with offences
under English law, which are indictable offences or are punishable on
summary conviction with imprisonment for six month,"(2) it is possible
? theoretically ? that there would be no extradition. However, as
Ellis and Gilligan (2) show, this is not a common argument.
What kind of details are included in the extradition warrent?
============================================================
An Irish request to extradite and arrest a person at large would include:
- All of his particulars (all that is known in Ireland about this
person would be submitted to the police in the UK).
- particulars of the offence of which he is accused or was convicted;
and
- a certificate or a duly authenticated copy of a certificate of the
conviction and the sentence, or for provisional arrest, details of the
conviction.
What happens if he is arrested by the police for another crime?
=============================================
If I understood correctly, that was your main question: is there such
a level of cooperation between the British police force and the Irish
Garda, that an arrest of a criminal, who had been convicted in Ireland
and has been since at large, would be reported to the Garda and that
this person would be handed over?
This a good question and depends whether or not the Irish authorities
are aware that this person is in this jurisdiction.
If there is a warrant standing against the offender, this would be
handled with, and a judicial process would begin.
If the Irish authorities are not aware that the offender is in that
jurisdiction, this still doesn't imply that a warrant would not be
issued: the police may report back to Ireland on the arrest; if the
offender could be brought to trial, cooperation is immanent.
(1) The Crown Prosecution Service, Backing Of Warrants,
<http://www.cps.gov.uk/legal/section2/chapter_d.html>
(2) House of Lords, "Judgments - In Re Ellis (Application for Writ of
Habeas Corpus) In Re Gilligan (Application for a Writ of Habeas
Corpus) (On Appeal From a Divisional Court of The Queen's Bench
Division) (Conjoined Appeals)" <
http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd991118/ellis-1.htm>
I hope this answered your question. I highly recommend that your
friend would seek legal advice as soon as possible to settle their
problems. Please contact me if you need any further information on
this answer before you rate it. My search strategy:
- searching for cases, for laws and for terms such as "backing of warrants". |
Clarification of Answer by
politicalguru-ga
on
19 Jan 2005 09:16 PST
Dear Audi,
Because of the special arrangements between the Republic of Ireland
and the UK, the only way to know whether there is a warrant pending,
is to address your friend's relevant constabulary (and I would
recommend that this would be done through a solicitor), using a form
as provided (as a PDF) in this page:
Data Protection Form
<http://www.psni.police.uk/index/fast_facts/pg_faq_clearance.htm>
As you're probably aware of, there is no other country in Europe which
is English-speaking. There are several other members, where English is
pretty common as a second language (Netherlands, Malta, Cyprus).
However, being in a EAW-country is not likely to change the
situation. In any case, there is no place that is entirely safe and
even if your friend manages to get to another non-EU English speaking
country (USA, Canada, Australia, etc.), it is always possible that
he'll be found by his enemies (this is without mentioning the
difficulties to immigrate to these places).
If your friend is concerned because of the "paramilitary"
organisation, he should first of all contact a good solicitor (without
being familiar with the details of the case, I find it hard to believe
that a good solicitor, who would have been made known of those facts
would not try to cut a deal for the client, not to be committed). The
solicitor should try to negotiate a deal with the Irish authorities.
It is quiet likely that they'll be more than happy to eliminate the
sentence for more information on that organisation (and the British/NI
authorities likewise).
Addressing the media, being "noisy" is also likely to protect him, but
again - getting a solicitor is the first important step.
|
