ACPO’s Assessment of the Impact
of a UK Opt-out of EU Third Pillar
Criminal Law and Policing Measures
Under the Lisbon Treaty
Commander Allan Gibson QPM
ACPO Lead on Extradition and Mutual Legal Assistance
Date Arial 14pt
Crime & criminals in the 21st Century
• Organised
• Exploitative
• Highly mobile
• Collaborative
• Transnational
• Prepared to use violence
• Technologically enabled
• Well-financed
• Resourceful
• Forensically aware
• Adaptive
• Use of false identities
• Opportunistic
• Aware of police methods
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The international aspects of crime in
London – a few statistics
• Q1 2012 – MPS arrested 61,939 people
• 8,089 were nationals from EU countries (13%)
• 9,358 were nationals from non-EU countries (15%)
• 2009 pilot in Harrow showed that 10% of foreign
national offenders arrested during a 24 hour period
across 5 custody suites turned out to be wanted,
detainable or deportable for offences abroad
• FNOs present a significant risk to community safety
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Tackling 21st century criminals
• Imperative to have fast and efficient law enforcement
and criminal justice collaboration and instruments
– Locate and identify criminals
– Jointly tackle organised criminal groups operating across
national boundaries
– Mutual legal assistance re obtaining enquiries, gathering
evidence, building cases
– Arrest & bring to justice those suspected of committing crimes
– Recover proceeds of crime
• Free movement of European nationals across borders
is a reality. We can't rely on 20th century models of
international cooperation to deal with 21st century
crime and criminals
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ACPO’s Position on the EAW
• “The EAW is the most important of the all the Third
Pillar Measures”
• ACPO believes “that opting out of the EAW and relying
on alternative arrangements would result in fewer
extraditions, longer delays, higher costs, more
offenders evading justice and increased risk to public
safety”
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Examples
• Pre-EAW: 4/11/95 Rachid Ramda, an Algerian, arrested in UK re
a terrorist attack in Paris. France sought extradition. Completed in
2005. Detained in UK prisons. Sentenced to 10 years in March
2006
• Post-EAW: Hussein Osman identifed as suspect for 21/7/05 failed
bomb attack at Hammersmith Tube Station. UK sought extradition
from Italy. He was extradited to the UK in September 2005.
Convicted in 2007 and sentenced to 40 years imprisonment.
• Part 2 Example: Abu Hamza, USA apply for extradition in May
2004 re offences of kidnapping in Yemen in 1998. Extradition
completed in October 2012. Cost to British taxpayer estimated to
be in excess of £3m.
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EAWs – trend data
Year
EAW requests
received by UK
Surrenders from UK
(UK nationals)
EAW requests
issued by the UK
Surrenders to
the UK
2006/7
3315
178
146
84
182
107
257
88
203
71
221
93
(26, (14%))
2007/8
2483
415
(27, (7%))
2008/9
3526
516
(35, (7%))
2009/10
4100
699
(41, (6%))
2010/11
5382
1149
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EAWs
 Around 1500 arrests per annum within England &
Wales.
• The vast majority are foreign nationals wanted abroad,
small percentage are UK citizens.
 Last year, in London, the MPS received EAWs for:
 Homicide x 50
 Rape x 20
 Robbery x 90
 Human Trafficking x 35
 Burglary x 40
 Drugs Offences x 180
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Incoming Case Study
• Paulius ANIULIS, dob 02/01/1990 wanted in
Lithuania for GBH • This EAW was certified by SOCA on 11/12/2011 and
sent to the MPS on 12/12/2011.
• The warrant related to an unprovoked GBH with intent
on a lone male who sustained serious injuries.
Intelligence was completed and located a potential
match. On 16/12/2011 the fugitive was located in
Barking, London, arrested and remanded in custody.
He was extradited back to Lithuania on 06/01/2012.
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Incoming Case Study
• Arunas CERVINSKAS, dob 11/02/1980 wanted in
Eire for Rape • This EAW was certified by SOCA on 23/11/2011 and
sent to the MPS on 24/11/2011.
• The warrant related to a stranger rape on an under 18
female. Intelligence indicated an address in Plaistow.
Further ID material was requested from Eire and this
was received on 26/11/2011. On 28/11/2011 the
fugitive was located, arrested and remanded in
custody. He was extradited to Eire on 14/12/2011.
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Outgoing Case Study
Jason McKay, London Borough of Hammersmith.
• 0n 3/2/12, murdered his girlfriend by means of
strangulation.
• 10/2/12, walked in to police station in Warsaw and
confessed. Taken into custody
• At this stage the murder was not known to police. MPS
attended the address and found the body
• EAW issued by UK authorities and executed by the
Poles on 11/2/12
• McKay was returned to UK on 23/2/12
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Joint investigation teams
• Enables evidence to be easily admissible in EU
member states
• Full extent of criminality can be uncovered
• Increases effectiveness in tackling organised criminal
groups
• Identification of linked series across Europe improved
• Community safety enhanced in the UK
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JIT Examples
•
Op Veerde – collaboration UK & Czech Republic into human trafficking,
prostitution & rape of young women brought to the UK by OCN. 33
victims were located in CR. JIT enabled efficient evidence gathering in
both countries. 9 suspects indicted in England on behalf of both states
and convicted
•
Op Golf – JIT between Metropolitan Police and the Romanian National
Pollice. One part of the operation was to tackle a Romanian gang that
was trafficking children into the UK for the commission of crime. It
resulted in the arrest of 126 suspects for a wide range of offences. These
offences included human trafficking, benefit fraud, theft, money
laundering and child neglect. 272 trafficking victims identified.
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Recognition of criminal convictions
• EU criminal convictions admissible in UK proceedings
• Enables cross checking of arrested persons (ECRIS)
• 28% of all persons arrested in London daily are foreign
nationals
• Full recognition of previous criminality when
sentencing, harmful and dangerous criminals are sent
to prison for longer
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Exchange of Criminal Records Case Studies
•
Since 2006 UKCA-ECR has received >500 notifications of UK nationals
convicted in other EU states of sex offences. Now being managed in UK
within the sex offender management system
•
Romanian national arrested in London for rape x 2. Request for
conviction data revealed he had a previous conviction for rape in
Romania. Successful application to use this conviction as bad character
evidence and led to conviction. Prosecution counsel firmly of view this
was critical to the conviction.
•
2010, 2 brothers arrested for rape. FPs & DNA sent to Lithuania for
checking. One brother had conviction for murder. Other wanted there for
rape (not an EAW). Similar fact evidence used to convict brother 1. EAW
issued for brother 2 and later convicted for rape. 2 TPMs used.
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Schengen Information System
• SIS2 will enable all participating states to share real-time
information on persons and objects of interest to law enforcement
via a series of alerts made available via police national computer
systems
• Benefits:
– Reduced criminality, better screening of criminals at the
borders
– Greater identity assurance at the border
– Improved public & law enforcement officer protection
– Improved judicial & police cooperation
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Europol
• Thousands of intelligence reports passed via Europol
• 'Analysis work files' – strategically and tactically analysing
cross border crime in Europe using intelligence feeds from
member states
• Fast-time exchange of information regarding organised
criminals operation cross border
• Supported over 50 cross border investigations in the past
year alone
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Key considerations
• The trans-national nature of modern crime
• The importance of the instruments to law enforcement and
prosecutors
• The efficiency and effectiveness of the instruments and how that
compares with the fall back alternatives
• The high number of European nationals who are wanted or are
committing crime in the UK and the importance of being able to deal
with them effectively
• Impact on community safety
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