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I am in France, and was issued with a EAW last October. One of the allegations is time-barred in France and the other allegation I am resigned to going back to the UK to contest this.
This EAW order was not made final until February this year.
Last week I was informed that the UK had submitted an extradition request under 1957 Extradition act (ECA) - presumably to include the time barred allegation in the EAW. This request is dated November 2019 - BEFORE the EAW was heard(!).
Now, my question is. As I understand it, the European Arrest Warrant REPLACED the 1957 European Convention on Extradition (ECE) which had previously governed extraditions between most member states.
As both Uk and France are Category 1 countries then the EAW MUST be used for extradition, and the ECE can ONLY be applied to Category 2 countries. Is that correct?
Also, what would count as Prima Facie evidence? Is it simply enough to have the statements/allegations of the accused withot any corroborating evidence?
Also, can it be confirmed that a ECE would need to be signed by the Home Secretary (which it is not).
thanks
This EAW order was not made final until February this year.
Last week I was informed that the UK had submitted an extradition request under 1957 Extradition act (ECA) - presumably to include the time barred allegation in the EAW. This request is dated November 2019 - BEFORE the EAW was heard(!).
Now, my question is. As I understand it, the European Arrest Warrant REPLACED the 1957 European Convention on Extradition (ECE) which had previously governed extraditions between most member states.
As both Uk and France are Category 1 countries then the EAW MUST be used for extradition, and the ECE can ONLY be applied to Category 2 countries. Is that correct?
Also, what would count as Prima Facie evidence? Is it simply enough to have the statements/allegations of the accused withot any corroborating evidence?
Also, can it be confirmed that a ECE would need to be signed by the Home Secretary (which it is not).
thanks
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