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European Arrest Warrants - R009703

European Arrest Warrants (R009703)

Thank you for your e-mails of 18 and 20 February 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:

1)   “How many European Arrest Warrants (EAW) have been issued in Scotland between 1 October 2014 and 17 February 2015. What offences were these in relation to?”;
2)   “What is the cost or average cost when a EAW has been issued and a suspect apprehended? In essence what is the cost to use an EAW to return a person?” and
3)   “Is cost to the public purse taken into account when reviewing the issuing of an EAW?”

I have addressed each of these requests below.

1)   Between 1 October 2014 and 17 February 2015 one European Arrest Warrant was issued by Scotland and this was in relation to an offence of causing death by dangerous driving.

2)   The costs of issuing a European Arrest arrant are not recorded by COPFS. As such, the information that you have requested is not held in terms of section 17 of FOISA.

3)   I do not consider this to be a request for information in terms of FOISA as it is not a request for recorded information. However, in an effort to assist you I can advise you that the decision whether or not to grant a European Arrest Warrant ultimately lies with the court rather than COPFS so I cannot comment on what factors a particular Sheriff will take into account when considering such matters.

You should also be aware that in accordance with section 148(1) of the Extradition Act 2003, COPFS will only request the court to grant a European Arrest Warrant for offences that are punishable by a period of 12 months imprisonment or greater.