Assange V. The Swedish European Arrest Warrant

Decent Essays
Question No. 1:
Can British authorities refuse to execute the Swedish European Arrest Warrant on the basis that the signature by a prosecutor would be invalid in accordance with British law?

• Answer: British authorities cannot refuse to execute the Swedish EAW on the basis that the signature of the prosecutor would be invalid in accordance with British law. As the Supreme Court ruled by a majority in the case Assange v The Swedish Prosecution Authority , a European Arrest Warrant issued by a prosecutor is valid . According to Lord Phillips, the 'competent judicial authority' as mentioned in the Framework Decision of 13 June 2002 , considers different types of judicial authority involved in process of executing the warrant. That means

Related Documents

  • Improved Essays

    The court held that for the purposes of arresting with a warrant, police entry into private property is authorised as it is the “execution of the king’s process.” The judgment stated that an officer may also enter private property for the intention of arresting a person who is escaping an affray, preventing a murder or if an offender has ran into the property. This does not include serving a…

    • 813 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    here are two recognised standards of proof in Scots law. The first is beyond reasonable doubt, which is usually in criminal cases. The second is on the balance of probabilities which arises mostly in the civil context. This would suggest that the law on the standard of proof is straightforward. However ambiguity arises in the argument that there is or that there should be a third standard.…

    • 1066 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…

    • 1052 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The King's Violation

    • 403 Words
    • 2 Pages

    The king has prevented law offices from providing justice, by not allowing the creation of new courts on our behalf. The king has made judges rely on him for their work and earnings. The king has created many offices and has appointed new officials (without consent) to take away and keep a close eye on the colonist.…

    • 403 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Edward Joyce Case Study

    • 591 Words
    • 3 Pages

    Edward Joyce was charged with 2 counts of domestic violent assaults at the Sydney Downing Centre on Wednesday 29th of March. Mr Joyce’s ex girlfriend accused him of attacking her after finding out he had been cheating. Magistrate M Greenwood later dropped the charges under s61 of the Crimes (common assault prosecuted by indictment) Act 1900, as she was not convinced beyond reasonable doubt. On December 10th, 2016 police received a distressing call from Miss Adrian Cass accusing her boyfriend of grabbing her from behind and throwing her to the ground.…

    • 591 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Q1 - Like other combat veterans and fellow Americans, the desecration of the American flag, a symbol of our Nation, thoroughly offends and disgusts me. The question of respect, in my eyes, has nothing to do with the analysis of possibly amending the First Amendment in order to make desecrating the flag illegal. Rather, respecting the Constitution and the freedoms it protects would be more important than the flag. Furthermore, I agree with General Colin Powell’s letter to Senator Patrick Leahy in 1999 regarding the flag, “They may be destroying a piece of cloth, but they do no damage to our system of freedom which tolerates such desecration……

    • 401 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Facts The facts are Baig and his brother had an encounter with two parking attendants after being issued with a penalty charge notice. Baig and his brother had been confrontational, aggressive and verbally abusive towards the attendants. The Sheriff found inter alia Baig’s conduct would have been likely to cause a reasonable person to suffer fear and alarm; a contravention of s.38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (thereafter “the 2010 Act”). Baig’s behaviour caused the parking attendants to be fearful of, and alarmed by, his behaviour.…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    What Is an Arrest Warrant? This warrant must be granted in court by a judge – it is granted to a law enforcement official, and it gives that official the right to arrest someone who has been charged with a crime. The way to set such a warrant in motion is to provide a judge with probable cause to arrest a person who is under suspicion of committing a…

    • 469 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I do believe that the ticket at hand does violate Andersen’s right to free speech. Some people consider curse words offensive others don’t. Andersen’s actions did not break any laws, he simply expressed his anger in a way that most of us do. I do not think it’s fair that police get to pick and choose when they want to give a person a ticket. If using foul language is against the law and worthy of a ticket, then every person who uses offensive language in front of children should be ticketed.…

    • 274 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Immunity ratione personae is enjoyed by diplomats, heads of state, heads of government and after the Arrest Warrant judgement, it was clear that such immunity is enjoyed by Minister of foreign affairs as well. 14 Potentially even other high-ranking officials enjoy immunity ratione personae while in office. As soon as they leave office they loses the immunity ratione personae but continue to have immunity under ratione materiae. 15 This type of immunity covers both official and private acts and it comprises immunity even for…

    • 396 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    A judicial executioner is a person who carries out a death sentence ordered by the state or other legal authority, which was known in feudal terminology as high justice. Note that the role of an executioner should not be confused with that of an executor, a person who is responsible for executing (meaning "following through on") an assigned task or duty. The executioner was usually presented with a warrant authorizing or ordering him to execute the sentence. The warrant protects the executioner from the charge of murder.…

    • 240 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    The actus reus of murder in essence is the physical act of committing murder. It requires three elements. Causation, which means that something happens, and the result as for this is death. Causation itself can be split into legal causation and factual causation. The latter, follows the 'but for ' test, 'but for ' subject B being stabbed by subject…

    • 1560 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Habeas Corpus

    • 1355 Words
    • 6 Pages

    When Congress met again in December 1862, the House of Representatives die a bill compensate the heady for his stop of habeas body. Habeas Corpus was also hang concisely in the Hawaii during World War II, forthwith after the censure on Pearl Harbour. Confederacy chairman Jefferson Davis did the same. Its furnish were miss from the Revised Statutes of the United States, the codification of federal legislation in realization as of 1873. With the embrace of the federal Constitution, however, the decentralized, revolutionist conception of habeas body met an monstrous and in the end overpowering defiance.…

    • 1355 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    The courts do not possess jurisdiction to release on accused on interim bail pending final disposal of the bail application. It is not possible to follow the decision in Haji Peer Bux regarding exercise of such jurisdiction as it stands impliedly overruled in Vinod Narain case.…

    • 119 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the accused will achieve the aim or objective of the Act in consideration, the reversal of burden will take place.…

    • 2682 Words
    • 11 Pages
    Great Essays