Accessibility |

COPFS

EU Arrest Warrants (13/09/2016) (R014015)

Thank you for your request dated 17 August 2016 and supplementary e-mails for the undernoted information under the Freedom of Information (Scotland) Act 2002 (FOISA).  

(1)  Please disclose the details of all EU arrest warrants requested by Police Scotland, as well as the number actually issued (i.e. making clear the number of requests - if any- that were turned down by COPFS), in Scotland during the following periods:

1.      the whole of 2015

2.      2016 up until the present date

3.      the financial year 2014-15 (i.e. Apr 2014 - Mar 2015 inclusive)

4.      the financial year 2015-16


Note: I am aware that some of these periods overlap but this is intended and is not an error.

Please break the data down by the nationality of the offender and the offence for which the warrant was issued.

I note from the COPFS website's FOI disclosure log that request R013208 asked for similar information, however it doesn't provide a breakdown as is specified in my request.

In terms of section 17 of the Freedom of Information (Scotland) Act 2002, COPFS does not hold the information you have requested.

As you will be aware, the European Arrest Warrant (EAW) was introduced into United Kingdom Law on 1 January 2004 with the coming into force of the Extradition Act 2003. On 13 April 2015, the National Crime Agency became responsible for issuing all EAWs from the United Kingdom. Prior to that, COPFS issued EAWs from Scotland.

In Scotland, EAWs are not requested by Police Scotland. Where an EAW is sought, the relevant Procurator Fiscal or Department of COPFS dealing with the case will consult with COPFS International Co-operation Unit. The EAW is then prepared, signed by a Sheriff at Edinburgh Sheriff Court and issued via the National Crime Agency. As such, the specific information you requested in terms of EAWs requested by Police Scotland in the years specified and those turned down by COPFS does not exist as it does not reflect the process followed.

I am however able to provide you with updated information about the number of Scottish EAWs issued by COPFS via the NCA below. I have included information about the country to which the EAW was directed and the nature of the offence.

In terms of the Extradition Act 2003, COPFS will only seek a European Arrest Warrant where an accused person is sought to face trial for an offence punishable by more than 12 months imprisonment, or where someone has been convicted of an offence and has received a sentence of more than four months imprisonment.

In relation to the nationality of the offender, this information is collected when it’s available by agencies other than COPFS. Accurate information on nationality is therefore not held by COPFS for a variety of reasons including where individuals do not have identity documentation or valid identity documentation or where nationality cannot be confirmed by foreign jurisdictions. As this information is not routinely recorded by COPFS, I consider that, in terms of section 17 of the Freedom of Information (Scotland) Act 2002, we do not hold the information you have requested.


(2) - Please confirm whether COPFS holds any information/statistics on EU arrest warrants issued in the UK but outside of Scotland. If yes please could you provide the same information specified in my original request, but for all UK forces/agencies, and to be broken down by issuing force/agency, nationality and offence?


COPFS only has records of EAWs for Scottish cases. As such, in terms of section 17 of the Freedom of Information (Scotland) Act 2002 we do not hold the information you have requested.


(3) have just realised that the NCA publishes some data on EU arrest warrants.


However there seems to be some discrepancy between the NCA data and the data published in your response to FOI request R013208.

The number that the NCA gives for EU arrest warrants requested by Police Scotland in 2015 is 17, whereas in the latter the number is only 9 (although the number issued in 2014 - 12 - is the same in both spreadsheets). Furthermore the NCA data sheet states that 3 and 2 warrants were issued in 2014 and 2015 respectively by Lothian and Borders Police, which as far as I'm aware was merged into Police Scotland in 2013. 

Therefore would it be possible to ascertain which one is indeed the correct number as this is quite a significant difference?

COPFS only has records of EAWs we deal with. I am unable to comment on data held by another agency. As such, in terms of section 17 of the Freedom of Information (Scotland) Act 2002 we do not hold the information you have requested. As you have noted, Lothian and Borders Police ceased to exist on 1 April 2013.


European Arrest Warrants issued by COPFS via NCA 01/01/2015 – 31/12/2015

Country

Criminality

No Issued

Denmark

Road Traffic Offences

1

France

Fraud

1

Greece

Sexual Offences

1

Ireland

Sexual Offences

2

Italy

Sexual Offences

1

Lithuania

Sexual Offences

1

Netherlands

Drug Offences(2);

Organised Crime (1)

3

Poland

Sexual Offences

1

Slovakia

Sexual Offences

1

Spain

Sexual Offences (1);

Drug Offences (1);

Serious Assault (1)

3

Total 2015



15



EAWs issued by COPFS via NCA 01/01/2016 – 29/08/2016

Country

Criminality

No Issued

Bulgaria

Theft (1);

Sexual Offences (1)

2

France

Sexual Offences

1

Germany

Sexual Offences

1

Ireland

Assault (1);

Fraud (4)

5

Poland

Abduction

1

Romania

Sexual Offences

3

Spain

Drug Trafficking

2

Total 2016



15



EAWs issued by COPFS via NCA 01/04/2014 – 31/03/2015

Country

Criminality

No Issued

Denmark

Road Traffic

1

Ireland

Drug Offences

1

Italy

Culpable Homicide

1

Netherlands

Drug Offences

2

Poland

Drug Offences

2

Portugal

Stalking

1

Romania

Sexual Offences

1

Spain

Assault to Severe Injury(1);

Sexual Offences (1)

2

EU Wide

Fraud (1);

Attempt to Defeat Ends of Justice (1)

2

Total



13



EAWs issued by COPFS via NCA 01/04/2015 – 31/03/2016

Country

Criminality

No Issued

France

Fraud

1

Greece

Sexual Offences

1

Ireland

Assault (1);

Sexual Offences (2)

3

Italy

Sexual Offences

1

Lithuania

Sexual Offences

1

Netherlands

Drug Offences

2

Poland

Sexual Offences

1

Slovakia

Sexual Offences

1

Spain

Serious Assault (1);

Drug Offences (1);

Sexual Offences (1)

3

Total



14