Challenging the European Arrest Warrant

Introduction

1. The Framework Decision on the European Arrest Warrant initiated a radical change to extradition proceedings within the EU, accelerating the process considerably and removing a number of bars to extradition, most notably the bar of dual criminality for 32 specified categories of offences.¹ As a result, the number of extradition requests made to the UK has expanded enormously: according to the Serious Organised Crime Agency and the Crown Office and Procurator Fiscal Service, surrenders under the European Arrest Warrant rose from 24 in 2004 to 332 in 2007 and 515 in 2008.² Earlier this year, it was reported that the Polish authorities request so many individuals from the UK that they charter a flight every fortnight from Biggin Hill airport to return them.³