Warrant of arrest meaning

This Checklist sets out the principal questions practitioners should consider when advising a client facing a request for extradition. For a step-by-step overview under the EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure, together with Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. Read this Checklist alongside Practice Note: Extradition and the statutory framework—an introduction to extradition, which outlines the UK extradition framework and the effect of Brexit on extradition between the UK and EU member states. Principles determining extradition under the Extradition Act 2003 The initial points to assess for a client subject to an extradition request are: does your client fall within Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued before IP completion day? See Practice Note: Extradition and the statutory framework—an introduction to extradition) does your client fall within Category 2—is...

ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the close of the Brexit transition/implementation phase that followed the UK’s departure from the EU. At that specific moment (known in UK law as ‘IP completion day’), core transitional provisions ceased entirely. From IP completion day onwards, the UK is no longer able to participate actively in the European Arrest Warrant (EAW), because EAWs are available solely to Member States...

ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the conclusion of the Brexit transition/implementation phase that followed the UK’s exit from the EU. At that moment in time (known in UK legislation as ‘IP completion day’), the principal transitional provisions finally ceased. From IP completion day, the UK is unable to take an active role in the European Arrest Warrant (EAW), as EAWs apply solely to Member States...

Alchaster , Case C‑202/24 What are the practical implications of this case? The Grand Chamber of the Court of Justice has delivered a ruling that matters for EU extradition practitioners handling requests from the UK across the EU. The Court made entirely plain its stance on the degree of mutual trust to be extended to the UK: despite 47 years of shared integration, the UK sits outside the Union legal order and, as a result, the relationship is not as exceptional as, for example, Norway. Provisions in the Trade and Cooperation Agreement (TCA) concerning duties to uphold fundamental rights and legal principles in the ECHR and the Charter (Article 524(2), TCA), and the guarantees provided when executing an arrest warrant (Article 604, TCA), ultimately do not alter that position at all. Member State courts must conduct an independent assessment of any such arrest warrant before executing it, even if an ECHR incompatibility has been discounted. What was the background? A District Judge of the magistrates’ court...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Information law Subsidy control and State aid Management and strategic planning Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights Preliminary ruling request from the Supreme Court of Ireland on a UK arrest warrant under the Trade and Cooperation Agreement (Alchaster) The Grand Chamber of the Court of Justice has issued its decision following a reference from Ireland’s Supreme Court, addressing how an EU Member State court should approach execution of a UK arrest warrant. The Court commented on the post‑Brexit EU–UK dynamic and affirmed that Member State authorities bear a duty to verify, on their own initiative, conformity with the EU Charter of Fundamental Rights, even where the analogous ECHR guarantee has been found not to be infringed...

In this issue: EU fundamentals Commercial Competition and state aid Financial services Energy Environment IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission releases March 2025 infringement package The European Commission has released the March 2025 infringement package, identifying the EU Member States it is pursuing for breaches of obligations under EU law. This tranche covers letters of formal notice, reasoned opinions, and referrals to the Court of Justice directed to Estonia, Italy, Hungary, France, Poland, Czechia, Germany, Croatia, Latvia, Slovakia, Finland, Bulgaria, Greece, Belgium, Spain, and others, in relation to a range of directives and regulations, including the Medium Combustion Plants Directive, the Free Movement Directive, the Firearms Directive, the Package Travel Directive, and the European Arrest Warrant Framework Decision. See: LNB News 12/03/2025 30. Commercial Liability for AI-related products in the EU—a state of play ...

This Practice Note examines the authority to detain an individual without a warrant for extradition to designated category 2 states. It outlines the legal foundation for that arrest power and explains how a compliant request is generated, certified and served. It further describes the steps for producing the individual before the court pursuant to such a certified request. Provisional arrest under the Extradition Act 2003 Section 74B of the Extradition Act 2003 (EA 2003) confers on constables, customs officers and service policemen a power of provisional arrest without a warrant, for extraditing persons for serious offences to specified countries on the basis that a certificate has been issued in relation to the person. A constable or customs officer may exercise this power in any part of the UK. A service policeman may exercise the power anywhere, but only in relation to someone who is subject to service law or a civilian subject to service discipline. The premise is that the police will have been alerted to the fact...

The offences The Road Traffic Act 1988 (RTA 1988) sets out two specific offences: securing a driving licence whilst disqualified; and driving a motor vehicle on a road whilst disqualified. A uniformed constable may, without a warrant, arrest any person found driving on a road where there is reasonable cause to suspect they are disqualified. What the prosecution has to prove To establish either offence, the prosecution must prove the accused did one of the following: obtained a licence whilst disqualified from holding or obtaining one; or drove a motor vehicle on a road whilst disqualified from holding or obtaining a licence. A licence procured during a period of disqualification is not valid. Consequently, an accused could also face an allegation of driving otherwise than in accordance with a licence. For this offence, being merely in charge is insufficient; the defendant must be driving...

ARCHIVED: This archived Practice Note summarises the procedural changes to criminal cases that commenced on 2 April 2018. The Criminal Procedure Rules 2015, SI 2015/1490, have since been further amended—see Practice Note: The Criminal Procedure Rules. The Note reflects the law as at 2 April 2018, is not updated, and is provided for background only. The Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, received their first revision of 2018 via the Criminal Procedure (Amendment) Rules 2018, SI 2018/132, which came into force on 2 April 2018. This Note flags the principal additions and revisions to the CrimPR that corporate crime practitioners should note. For general guidance on the CrimPR’s purpose and scope, see Practice Note: The Criminal Procedure Rules. Overview of the changes The principal April 2018 amendments to the CrimPR for corporate crime lawyers include: New rules on: commencing a prosecution in the magistrates’ courts re-opening earlier determinations in the Court of Appeal seeking further...