Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Attorney General:
To ask the Solicitor General, what the Government's policy is on the potential prosecution of UK nationals returning to the UK after serving as volunteer fighters in the Ukrainian armed forces if they hold (a) both Ukrainian and UK citizenship, (b) sole UK citizenship but born to Ukrainian parents and (c) sole UK citizenship without Ukrainian antecedents; and whether official guidance for volunteers returning to the UK is publicly available.
Answered by Lucy Rigby - Solicitor General (Attorney General's Office)
Foreign, Commonwealth and Development Office (FCDO) travel advice to Ukraine states: 'If you travel to Ukraine to fight, or to assist others engaged in the war, your activities may amount to offences under UK legislation. You could be prosecuted on your return to the UK'. Their full advice is available here: Ukraine travel advice - GOV.UK.
The Crown Prosecution Service (CPS), which acts independently of police and government, will consider any information that is referred by the police and any decision to prosecute will be considered on a case-by-case basis and in accordance with the Code for Crown Prosecutors.
To date, the CPS has not prosecuted any cases involving UK-linked foreign fighters in the conflict between Russia and Ukraine.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of the compatibility of the European Arrest Warrant system with the principle of habeas corpus; and if he will make a statement.
Answered by Robert Buckland
The UK’s transposition of the European arrest warrant fully complied with the concept of habeas corpus.
A decision whether to order surrender under an EAW is made by a UK judge who considers all relevant legal issues, including: whether the conduct would amount to a criminal offence in the UK; applicable bars to extradition such as double jeopardy; politically motivated requests and whether the case against the accused is sufficiently advanced. The requesting State must meet human rights standards, which includes adequate living conditions for the accused. If there is doubt, the UK seeks assurances and ultimately the judge may refuse the EAW if they are not satisfied these standards will be met.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Attorney General:
To ask the Attorney General, what the CPS's policy is on seeking prosecutions of former members of paramilitary and terrorist organisations in Northern Ireland for attacks made against members of the armed forces during the Troubles; and if he will make a statement.
Answered by Robert Buckland
Criminal cases in Northern Ireland are the responsibility of the Public Prosecution Service for Northern Ireland. Its decisions are independently made and it reports to the devolved authorities.
In relation to offences involving attacks against armed forces in England and Wales, all cases referred to the CPS are reviewed in accordance with the Code for Crown Prosecutors by specialist prosecutors within the CPS Special Crime and Counter Terrorism Division. There is no specific policy in respect of prosecutions of this type and they will be dealt with in the usual way.