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COPFS

European Arrest Warrants (07/10/2016) (R014299)

Thank you for your request dated 14 September 2016 under the Freedom of Information (Scotland) Act 2002 (FOISA) for further information following our response to your earlier request.  You requested further information on the following points:

If an EAW is sought in Scotland, the COPFS is in charge of drafting/preparing the EAW. However, since the 13 April 2015, after it is signed off in Edinburgh it is then sent to the NCA to be issued. Prior to this date COPFS issued them directly.

Furthermore in the data that you have provided you provide the 'country' - could you perhaps elaborate on this as I was under the impression that EAWs are sent to all EU countries?

Finally you state that nationality data is not available in all cases - would it be possible to provide information on cases where such data is available?


If an EAW is sought in Scotland, the COPFS is in charge of drafting/preparing the EAW. However, since the 13 April 2015, after it is signed off in Edinburgh it is then sent to the NCA to be issued. Prior to this date COPFS issued them directly.

I can confirm that prior to 13 April 2015, COPFS issued European Arrest Warrants directly.

Furthermore in the data that you have provided you provide the 'country' - could you perhaps elaborate on this as I was under the impression that EAWs are sent to all EU countries?

You are correct in that European Arrest Warrants are issued and are available to all EU countries.  Where there is information about the suspected location of the person with the European Union, this will be included in the European Arrest Warrant.  COPFS records information about the country where the requested person is believed to be.  Identifying a possible destination for the European Arrest Warrant allows us to consider any legal aspects of the European Arrest Warrant that are particular to that country.  The person may or may not then be arrested in that country.

Finally you state that nationality data is not available in all cases - would it be possible to provide information on cases where such data is available?

As previously advised, this data is not collected, verified or recorded by COPFS and accordingly we do not consider it appropriate to release partial and unverified information.  In addition, I consider the exemption under Section 38(1)(b) (personal information) of FOISA applies to the  information which is held.  This is because the numbers are small enough that their release, when taken along with the information which has already been provided, could lead to identification of the persons involved.  This information would be personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998.  This is an absolute exemption and I am not required to apply the public interest test.