ECJ (Opinion) Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Hearing of minors as witnesses – Incident probation – Refusal of the public prosecutor to ask the judge to conduct a hearing in the proceedings incident to taking of evidence called ‘interlocutory witness exam’ … Continue reading X v Y: ECJ 20 Oct 2011
ECJ Framework Decision 2001/220/JHA – Status of victims in criminal proceedings – Protection of victims – Determination of the sentence – Obligation to issue an accessory penalty of expulsion prohibiting convicted of approaching his victim – Taken into account the wishes of the victim – Mediation in the context of criminal proceedings. Citations: C-1/10, [2011] … Continue reading Gueye (Police And Judicial Cooperation In Criminal Matters): ECJ 12 May 2011
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.‘When applying the national law, the national court that is called … Continue reading Criminal proceedings against Pupino: ECJ 16 Jun 2005
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Private prosecutor in substitution for the public prosecutor – Testimony of the victim as a witness. Citations: C-404/07, [2008] EUECJ C-404/07 Links: Bailii Jurisdiction: European Police Updated: 20 May 2022; Ref: scu.276795
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful. Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents … Continue reading Regina v Magro: CACD 8 Jul 2010
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were not under Italian law either final or enforceable until the appeal process … Continue reading Caldarelli v Court of Naples: HL 30 Jul 2008
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under … Continue reading Dabas v High Court of Justice, Madrid: HL 28 Feb 2007
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision. Held: The appeal failed (Lord Mance dissenting). The term ‘judicial authority’ had a range of meanings. Under … Continue reading Assange v The Swedish Prosecution Authority: SC 30 May 2012
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Special measure for early taking of evidence – Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear … Continue reading X v Y: ECJ 21 Dec 2011
(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits. Held: The appeal failed. The submissions were unsound: ‘Section 12(6) of the Act … Continue reading French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal: PC 13 Jun 2013
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible abuse. Held: The appeal failed. The information was optional, and the information missing from the request … Continue reading Louca v A German Judicial Authority: SC 19 Nov 2009
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less than four months. The statement did not allow the court to differentiate between … Continue reading Pilecki v Circuit Court of Legnica, Poland: HL 6 Feb 2008