gen (12-13) 086 - parliamenta subject cannot be arrested in the uk unless a certificate has been...
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Dr Hywel Francis MPChairJoint Committee on Human RightsCommittee Office7 MillbankLondonSWl P 3JA
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94 )r l'r.-o-.-.llEuropean Arrest Warrant (EAW) data
I am writing further to the Home Secretary's Written Ministerial Statement of today in whichshe informed the House of an error SOCA has identified in the capture and reporting ofinformation on the number of outgoing EAW (Part 3) requests that have been executed since2OO9/10. Unfortunately, the error means that some data provided to Parliament in good faith inanswers to PQs and other reports will have been inaccurate. I do not believe that this has anyoperational impact on the way in which EAWs have been processed by SOCA, or any otherpart of the criminal justice system or, therefore, on public protection. However, anymisreporting to Parliament is a matter of great regret and I have apologised unreservedly tothe Home Secretary for SOCA's failure to provide accurate data, as I do to you.
Shortly before Easter, SOCA's internal housekeeping processes ahead of the adoption of anew case management system in preparation for transition to the National Crime Agencyidentified an apparent error in the capture of data relating to Part 3 requests. These arerequests from the UK to another European country for the arrest of a subject believed to beoverseas (a fuller explanation of EAW legislation is set out at annex A). An immediate physicalreview was conducted to identify the nature and extent of any problem as a result of which wefound that there had been misreporting of outgoing EAWs, of which around 250 are issued ina typical year. The Home Secretary was informed of the problem on 10 April.
This information is supplied in confidence by SOCA, and is exempt from disclosure under the Freedom of Information Act 2000. lt mayalso be subiect to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under the Data ProtectionAct l99B. Requests for disclosure to the public must be referred to the SOCA FOI single point of contact, by email [email protected] or by telephoning 0870 268 8677.
Sir lan Andrews CBE TDChair
Serious Organised Crime AgencyPO Box 8000
London SE1 1 sEN
t: +44 (0)870 496 5802t: +44 (0)870 496 5921
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As the Home Secretary has explained, she has asked HM Chief Inspector of Constabulary(HMCIC) to work with us to review this Part 3 data, and also the Part 1 data relating toincoming requests (which SOCA has also set in hand). The outcome will be reported to theHome Secretary by the middle of May. This review will also confirm whether the new CaseInformation Management System which is being developed will avoid similar problems overthe capture of EAW data. We are fully engaged with HMCIC to provide him with theinformation required to undertake this work and to correct any inaccuracies in the datapreviously provided to government and Parliament in good faith.
I am sending a copy of this letter to the Home Secretary and writing separately to the Chairs ofother Parliamentary Committees who may have received incorrect information.
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This information is supplied in confidence by SOCA, and is exempt from disclosure under the Freedom of Information Act 2000. lt mayalso be subject to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under the Data ProtectionAct 1998. Requests for disclosure to the public must be referred to the SOCA FOI single point of contact, by email [email protected] or by telephoning 0870 268 8677.
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Annex A: Part 1 and Part 3 requests
The Extradition Act 2003 is split into 5 parts: Parts 1 and 3 are relevant to EAWs.
Part 1
Part 1 deals with EAW requests where a subject is wanted by an overseas Judicial Authority.EAW countries are the European Union Countries and Gibraltar.
A subject cannot be arrested in the UK unless a certificate has been issued by the CentralAuthority. SOCA is designated as one of the Central Authorities for certifying EAWs in the UK[Section 2 (7)1. The Crown Office and Procurator Fiscal in Scotland is also a Central Authority.
Part 3
Part 3 deals with requests from the UK for the arrest of a subject believed to be overseas. ltdeals with both EAW countries and the rest of the world.
This information is supplied in confidence by SOCA, and is exempt lrom disclosure under the Freedom of Information Act 2000. lt mayalso be subiect to exemption under other UK legislation. Onward disclosure may be unlawful, for example, under the Data ProtectionAct 1998. Requests for disclosure to the public must be referred to lhe SOCA FOI single point of contact, by email [email protected] or by telephoning 0870 268 8677.
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