- published: 20 Jun 2014
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The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
An EAW can only be issued for the purposes of conducting a criminal prosecution (not merely an investigation), or enforcing a custodial sentence. It can only be issued for offences carrying a maximum penalty of 12 months or more. Where sentence has already been passed an EAW can only be issued if the prison term to be enforced is at least four months long.
The introduction of the EAW system was intended to increase the speed and ease of extradition throughout EU countries by removing the political and administrative phases of decision-making which had characterised the previous system of extradition in Europe, and converting the process into a system run entirely by the judiciary. Since it was first implemented in 2004 the use of the EAW has steadily risen. Member state country evaluation reports suggest that the number of EAWs issued has increased from approximately 3,000 in 2004 to 13,500 in 2008.
An arrest warrant is a warrant issued by a Judge on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of one's property.
Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada.
Once the warrant has been issued, section 29 of the Code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so.
The procedure for issuing arrest warrants differs in each of the three legal jurisdictions.
In England & Wales, arrest warrants can be issued for both suspects and witnesses.
Arrest warrants for suspects can be issued by a justice of the peace under section 1 of the Magistrates' Courts Act 1980 if information (in writing) is laid before them that a person has committed or is suspected of having committed an offence. Such arrest warrants can only be issued for someone over 18 if:
Arrest warrants for witnesses can be issued if: