Policing and Crime Bill

I understand the way in which the noble Lord, Lord Thomas of Gresford, and the noble Baroness, Lady Neville-Jones, put their points but there are a number of practical issues which we need to bear in mind. The first, as the noble Lord will know, is that the designated judge for extradition cases is a district judge and not a High Court judge. The reason, as the noble Lord will be aware, is that for a long time in central London the principal district judge has developed a real expertise in this area and there are a number of other designated specialist district judges who cover this. This jurisdiction is not a jurisdiction which is exercised by a High Court judge. I am very familiar with the 24-hour duty judge system which is available in the High Court but we are dealing with the position which pertains in the district court, which has the role of discharging this function. The European arrest warrant system provides a very effective and efficient means by which extradition can be conducted between member states of the European Union. As my honourable friend Vernon Coaker made clear in the other place when this matter was debated, such urgent and complex cases requiring member states to ask one another to arrest someone before a full European arrest warrant has been issued are rare. Where the United Kingdom receives such a request and there are reasonable grounds for believing that the full European arrest warrant has been or will be issued, it is open to UK law enforcement officials to arrest the person in question. Sometimes there is information that the person is coming through our country, is at an airport or somewhere where it is possible to arrest them and time may be of the essence. Where someone is arrested somewhat unusually under the provisional arrest powers found in Section 5 of the Extradition Act 2003, Section 6 requires that the person be brought before a court and the full European arrest warrant provided to the judge within 48 hours of arrest. In most cases, that mechanism will work effectively and without difficulty. However, there are very rare occasions when that rigid time limit causes operational difficulties. The first such instance is where the 48-hour period falls over a weekend or public holiday. Where that is the case there will often not be a court sitting to deal with the person provisionally arrested within 48 hours, which under the terms of the Act would enable a potentially serious criminal to apply to be discharged. The second situation is where the seriousness and complexity of the case means that the authorities in the other member state are simply unable to provide the relevant information within the 48-hour period. In such cases, it should be possible to apply to a judge for a further 48 hours within which to produce a full European arrest warrant and to bring the person in question before the court. Such an application would be made on notice to the person affected and an extension would be granted only where the judge was satisfied that the conditions in Section 6 could not reasonably have been complied with within 48 hours. There would also be an opportunity for the person arrested to apply for bail. It is also important to consider the context of the time limits in the legislation of our EU partners. For instance, Italian domestic law provides for a person to be held for up to 10 days subject to a provisional arrest request. In France a person may be detained for six days before the full European arrest warrant must be produced. Both those countries have of course incorporated the requirements of the European Convention on Human Rights into their domestic law. In conclusion, this provision will not only contribute to greater public safety on British streets, but ensure that we co-operate effectively with our EU colleagues in tackling serious and organised crime. The European arrest warrant is working well in the United Kingdom, but this clause will ensure that it is even more effective in bringing serious criminals to justice. I beg leave that this clause stands part of the Bill.