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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
A collective sigh of relief was heard in the UK this morning at the news that Alexander Prokopchuk has not been elected as the new head of INTERPOL. In the current climate, post-Skripal, it is no surprise that the prospect of a former insider in the Kremlin’s interior ministry as head of the international body would cause alarm. Such relief, however, may be premature. Prokopchuk remains not only a vice-President of INTERPOL but also a member of the important Commission for the Control of Files of INTERPOL (CCF) which decides on the admissibility of red notices (although he absents himself when Russian cases are being discussed).
The draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union was presented to the House of Commons on 14 November 2018. It included, under Title V, provisions for on-going police and judicial co-operation.
Sanctions under scrutiny
The House of Commons Foreign Affairs committee has launched an inquiry into the future of UK sanctions policy to “explore and evaluate” different options for the UK’s approach to sanctions policy after leaving the EU.
In launching the inquiry the committee underlines that “Sanctions are an essential instrument of foreign policy, enabling the Government to penalise rogue regimes and human rights abusers around the world, and to combat the influence of so-called dirty money here in the UK.”
This blog reviews Case C-327/18 PPU Judgment of the Court (First Chamber) 19 September 2018. In short: “Mere notification” is not an exceptional circumstance within the meaning of the case law which is capable of justifying a refusal to execute an EAW. Substantial grounds to believe that the requested person is at risk of being deprived of rights recognised by the Charter and the Framework Decision, following the withdrawal from the EU of the issuing MS, are required for the MS to refuse to execute the EAW while the issuing MS remains a member of the EU.
Scant attention has been paid to the House of Lords review of the Crime (Overseas Production Order) Bill — yet the legislation will give the UK authorities vastly extended powers to see data stored overseas for the purposes of criminal prosecutions. Critically, the bill needs more safeguards to protect individual rights before it gains final approval.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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