Question to the Home Office:

To ask the Secretary of State for the Home Department, on what grounds in EU law the UK may refuse to execute a European Arrest Warrant under the provisions of (a) section 13, (b) section 14 and (c) section 25 of the Extradition Act 2003.

A UK judge may refuse to execute an Arrest Warrant on the basis of section 13, 14 or 25 of the 2003 Act by virtue of Article 1(3) of EU Council Framework Decision 2002/584/JHA, which is very clear that the Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.

In addition, the recitals to the Decision set out at that "Nothing in this Framework Decision may be interpreted as prohibiting refusal to surrender a
person for whom a European arrest warrant has been issued when there are reasons to believe, on the basis of objective elements, that the said arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of these reasons."