European Arrest Warrant
(Comment: The suggested text in this document is effective from 15 October 2013)
This warrant has been issued by a competent judicial authority. I request that the person
mentioned below be arrested and surrendered for the purposes of conducting a criminal
prosecution, sentencing following conviction, or executing a custodial sentence or detention
order.
(a)
Information regarding the identity of the requested person:
Name: ..........
Forename(s): ..........
Maiden name, where applicable: ..........
Aliases, where applicable: ..........
Sex: ..........
Nationality: ..........
Date of birth: ..........
Place of birth: ..........
Residence and/or known address: ..........
Language(s) which the requested person understands (if known): .......... .
Distinctive marks/description of the requested person: .......... .
Photo and fingerprints of the requested person, if they are available and can be
transmitted, or contact details of the person to be contacted in order to obtain such
information or a DNA profile (where this evidence can be supplied but has not been
included).
(b)
Decision on which the warrant is based:
1.
Arrest warrant or judicial decision having the same effect: .......... .
(Comment: e.g.)
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A. Warrant of arrest dated .......... (day/month/year) issued at Littletown Crown
Court (for failing to answer bail in respect of an offence of ..........).
B. Warrant of arrest at first instance dated .......... (day/month/year) issued at
Littletown Magistrates' Court (for an offence of ..........).
Type: .......... .
(Comment: where more than one domestic warrant is included add a short
note to explain their various purposes e.g.)
Convicted in relation to Warrant A above; accused in relation to Warrant B
above.
2.
Enforceable judgement(s): .......... .
(Comment: in an 'accused' case, write 'Not applicable'. In a 'convicted' case,
write the place and date (day/month/year) of the conviction, and if sentenced
also, write the place and date of sentence (day/month/year).)
Reference: .......... .
(Comment: in an 'accused' case, write 'Not applicable'. In a 'convicted'
case, write the court reference number.)
(c)
Indications on the length of the sentence:
1.
Maximum length of the custodial sentence or detention order which may be
imposed for the offence(s): .......... .
2.
Length of the custodial sentence or detention order imposed: .......... .
3.
Remaining sentence to be served: .......... .
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(d)
Indicate if the person appeared in person at the trial resulting in the decision:
1.
Yes, the person appeared in person at the trial resulting in the decision.
(Comment: if the person was present for part of the trial but absconded before
the verdict or sentence was announced, tick Box 1 but set out the precise
circumstances of his attendance and absence in section (f) below)
2.
No, the person did not appear in person at the trial resulting in the
decision.
3.
If you have ticked the box under point 2, please confirm the existence of one of
the following:
3.1a. the person was summoned in person on .......... (day/month/year) and
thereby informed of the scheduled date and place of the trial which resulted
in the decision and was informed that a decision may be handed down if he
or she does not appear for the trial;
OR
3.1b. the person was not summoned in person but by other means actually
received official information of the scheduled date and place of the trial
which resulted in the decision, in such a manner that it was unequivocally
established that he or she was aware of the scheduled trial, and was
informed that a decision may be handed down if he or she does not appear
for the trial;
OR
3.2. being aware of the scheduled trial, the person had given a mandate
to a legal counsellor, who was either appointed by the person concerned or
by the State, to defend him or her at the trial, and was indeed defended by
that counsellor at the trial;
OR
3.3. the person was served with the decision on .......... (day/month/year)
and was expressly informed about the right to a retrial or appeal, in which
he or she has the right to participate and which allows the merits of the
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case, including fresh evidence, to be re-examined, and which may lead to
the original decision being reversed, and
 the person expressly stated that he or she does not contest this
decision;
OR
 the person did not request a retrial or appeal within the applicable
timeframe;
OR
3.4. the person was not personally served with the decision, but

the person will be personally served with this decision without delay
after the surrender; and

when served with the decision, the person will be expressly informed
of his or her right to a retrial or appeal, in which he or she has the right to
participate and which allows the merits of the case, including fresh
evidence, to be re-examined, and which may lead to the original decision
being reversed; and

the person will be informed of the timeframe within which he or she
has to request a retrial or appeal, which will be .......... days.
4.
If you have ticked the box under point 3.1b, 3.2 or 3.3 above, please provide
information about how the relevant condition has been met: .......... .
(e)
Offences:
This warrant relates to in total: .......... offences.
(Comment: indicate the number of offences precisely, e.g.)
Four offences
1.
Affray, Public Order Act 1986 - 1 offence
2.
Robbery, Theft Act 1968 - 2 offences
3.
Perverting the course of public justice, contrary to common law - 1 offence
(Comment: add the following text if person is 'accused')
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The following statement is made pursuant to Section 142(4) of the Extradition Act
2003:
The person in respect of whom this warrant is issued is accused in the United
Kingdom of the commission of the extradition offences detailed in the warrant. The
warrant is issued with a view to his arrest and extradition to the United Kingdom for the
purpose of being prosecuted for these offences.
(Comment: add the following text if person is 'convicted')
The following statement is made pursuant to Section 142(5) of the Extradition Act
2003:
The person in respect of whom this warrant is issued has been convicted of the
extradition offences specified in the warrant by a court in the United Kingdom. The
warrant is issued with a view to his arrest and extradition to the United Kingdom for the
purpose of being sentenced for the offence or of serving a sentence of imprisonment
or another form of detention imposed in respect of the offence.
(Comment:: adapt the following text in all cases, regardless of whether the
person is 'accused' or 'convicted')
It is hereby certified pursuant to Section 142(6) of the Extradition Act 2003 that:
(a) the conduct set out below constituting the extradition offences of .......... and
.......... falls within the European framework list but the conduct set out below
constituting the extradition offences of .......... falls outside the European
Framework List.
(b) the offences are not extra-territorial offences;
(c) the maximum punishment for .......... is ..........; the maximum punishment for
.......... is ..........; the maximum punishment for .......... is .......... .
(Comment: in 'accusation' cases, include the following statement)
Statement
I am satisfied that a Crown Prosecutor in the Crown Prosecution Service, whose
function is to decide whether or not to prosecute an individual for the alleged
commission of criminal offences, has decided to charge the person named herein and
to try him for the offences specified above and for which this warrant is issued.
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Description of the circumstances in which the offence(s) was (were) committed,
including the time, place and degree of participation in the offence(s) by the requested
person: .......... .
Nature and legal classification of the offence(s) and the applicable statutory
provision/code: .......... .
I.
If applicable, cross one or more of the following offences punishable in the
issuing Member State by a custodial sentence or detention order of a maximum
of at least 3 years as defined by the laws of the issuing Member State:
 participation in a criminal organisation;
 terrorism;
 trafficking in human beings;
 sexual exploitation of children and child pornography;
 illicit trafficking in narcotic drugs and psychotropic substances;
 illicit trafficking in weapons, munitions and explosives;
 corruption;
 fraud including that affecting the financial interests of the European
Communities within the meaning of the Convention of 26 July 1995 on the
protection of European Communities' financial interests;
 laundering of the proceeds of crime;
 counterfeiting of currency, including the euro;
 computer-related crime;
 environmental crime, including illicit trafficking in endangered animal species
and in endangered plant species and varieties;
 facilitation of unauthorised entry and residence;
 murder, grievous bodily injury;
 illicit trade in human organs and tissue;
 kidnapping, illegal restraint and hostage-taking;
 racism and xenophobia;
 organised or armed robbery;
 illicit trafficking in cultural goods, including antiques and works of art;
 swindling;
 racketeering and extortion;
 counterfeiting and piracy of products;
 forgery of administrative documents and trafficking therein;
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 forgery of means of payment;
 illicit trafficking in hormonal substances and other growth promoters;
 illicit trafficking in nuclear or radioactive materials;
 trafficking in stolen vehicles;
 rape;
 arson;
 crimes within the jurisdiction of the International Criminal Court;
 unlawful seizure of aircraft/ships;
 sabotage.
II.
(f)
Full descriptions of offence(s) not covered by section I above:
Other circumstances relevant to the case (optional information):
(NB: This could cover remarks on extraterritoriality, interruption of periods of time
limitation and other consequences of the offence.)
(Comment: always include the following paragraphs)
United Kingdom law provides that a person surrendered to the United Kingdom by a
Member State of the European Union shall not be surrendered to another Member
State pursuant to a European arrest warrant, in respect of an offence committed or
alleged to have been committed before his surrender by a Member State to the United
Kingdom, save only where the Central Authority of the surrendering Member State
gives its consent.
The relevant United Kingdom law is set out in Section 18 of the Extradition Act 2003
which states as follows:
'A person's extradition to a category 1 territory is barred by reason of his earlier
extradition to the United Kingdom from another category 1 territory if (and only if)
–
(a) the person was extradited to the United Kingdom from another category 1
territory (the extraditing territory);
(b) under arrangements between the United Kingdom and the extraditing
territory, that territory's consent is required to the person's extradition from the
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United Kingdom to the category 1 territory in respect of the extradition offence
under consideration;
(c) that consent has not been given on behalf of the extraditing territory.'
Section 96 of the Extradition Act 2003 sets out the bars upon the extradition of a
person, who has been surrendered pursuant to a European arrest warrant, to a third
state, i.e. a category 2 territory under the Extradition Act 2003. Section 96 states as
follows:
'The Secretary of State must not order a person's extradition to a category 2
territory if –
(a) the person was extradited to the United Kingdom from another territory (the
extraditing territory);
(b) under arrangements between the United Kingdom and the extraditing
territory, that territory's consent is required to the person's extradition from the
United Kingdom to the category 2 territory in respect of the extradition offence
under consideration;
(c) that consent has not been given on behalf of the extraditing territory.'
(Comment: if the purpose of the EAW is to seek the surrender of a person to
serve a sentence imposed by court in England and Wales also include the
following request)
If the executing Judicial Authority is required by its domestic law to refuse to surrender
the requested person on the grounds of Article 4(6) of the Council Framework Decision
on the European arrest warrant, it is requested to supply an undertaking that it will
execute the sentence in accordance with its domestic law.
(g)
This warrant pertains also to the seizure and handing over of property which
may be required as evidence:
This warrant pertains also to the seizure and handing over of property acquired
by the requested person as a result of the offence:
Description of the property (and location) (if known): .......... .
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(h)
The following offences on the basis of which this warrant has been issued are
punishable by a custodial life sentence or lifetime detention order:
(Comment: if an offence can carry life imprisonment, list it here, leave in both
options below and add the additional text)
– the legal system of the issuing Member State allows for a review of the penalty or
measure imposed – on request or at least after 20 years – aiming at a non-execution
of such penalty or measure,
and/or
– the legal system of the issuing Member State allows for the application of measures
of clemency to which the person is entitled under the law or practice of the issuing
Member State, aiming at non-execution of such penalty or measure.
Where a life sentence (whether mandatory or discretionary) is imposed the sentencing judge
determines what part of the sentence must be served in prison before the offender may be
considered for release on licence: That period is referred to as the minimum term.
Every person sentenced on indictment has the right to ask for a review of that minimum term by
the Court of Appeal.
The offender has to serve the appropriate minimum term that reflects the punitive element of
the sentence. Once this punitive term of imprisonment has expired the offender enters into
the risk element of the sentence. He may only be detained if he continues to present a risk to
the public.
An independent Parole Board conducts a review of the prisoner’s sentence once the punitive
element of the sentence has expired. A judge chairs this panel. An oral hearing can take
place to determine whether the prisoner’s detention should continue. The Parole Board must
decide whether it is necessary for the protection of the public for the prisoner’s detention to
continue. At this hearing the prisoner has the right to be present, to be legally represented
and to call and question witnesses.
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The Parole Board can direct the release of the prisoner. If it decides that the prisoner should
not be released then a further hearing will take place within 2 years to review the prisoner’s
detention and at regular intervals thereafter.
All life sentence prisoners are released under a licence that remains in force for the rest of
their lives. The life licence can be revoked at any time if necessary on public protection
grounds.
In every case, including cases where a whole life term or a minimum term exceeding twenty
years has been imposed, the prisoner may apply for compassionate release under section
30 of the Crime (Sentences) Act 1997 and/or for release under the powers of the Royal
Prerogative of Mercy.
(i)
The judicial authority which issued the warrant:
Official name: District Judge (Magistrates' Court) sitting at …....... Magistrates'
Court.
Name of its representative: District Judge (Magistrates' Court) sitting at ..........
Magistrates' Court.
Post held (title/grade): District Judge (Magistrates' Courts)
File reference: ..........
Address: .......…
Tel. No.: (country code) (area/city code) (44) (0) ..........
Fax No.: (country code) (area/city code) (44) (0) ..........
E-mail: ….......
Contact details of the person to contact to make necessary practical arrangements for
the surrender: ..........
Where a central authority has been made responsible for the transmission and
administrative reception of European arrest warrants:
Name of the central authority: National Crime Agency (NCA)
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Contact person, if applicable (title/grade and name): Fugitives Manager
Address: Fugitives Unit, National Crime Agency, PO Box 58345, LONDON, NW1W
9JJ
Tel. No.: (country code) (area/city code) 44 (0) 20 7238 8555
Fax No.: (country code) (area/city code) 44 (0) 20 7238 8112
E-mail: ncb.manchester@nca.x.gsi.gov.uk
Signature of the issuing judicial authority and/or its representative:
........................................................................................................
Name: ..........
Post held (title/grade): District Judge (Magistrates' Courts)
Date: ..........
Official stamp (if available)
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