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Written Question
European Arrest Warrants
Monday 5th January 2015

Asked by: Lord Wade of Chorlton (Conservative - Life peer)

Question to the Home Office:

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.

Answered by Lord Bates

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".