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.

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.