The Association of Chief Police Officers - Parliament

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Association of Chief Police Officers –Written evidence7.4 To opt-out would adversely affect SIS implementation and would undoubtedly heralda slower, costlier and more laborious system that may also end up with the provisionof some EU states not being willing to extradite their own citizens.7.5 As such ACPO could not support such a route. Our view on this could not beclearer: withdrawing from the EAW would be a mistake and could jeopardise justiceand public safety.8 December 201218
Association of Chief Police Officers –Written evidenceAppendix BTPMs that ACPO consider it vital to opt back into.1. Convention implementing the Schengen Agreement of 1985. This is theactual SIS agreement and the UK has to be part of this measure to implement SIS.2. 2002/187/JHA - Setting up Eurojust with a view to reinforcing the fightagainst serious crime. The UK is a major user of Eurojust. Membership ofEurojust is necessary for JITs and the EIO (which the UK is committed to). Giventhat, the question of opting back in may be irrelevant as due to our membership ofthe EIO, we have to be a member of Eurojust anyway.3. 2002/465/JHA - Joint investigation teams (JITs). Although not greatly used, theprovision is extremely useful for large scale multinational investigations in terms ofexchanging evidence and using domestic powers to gather evidence as opposed toMLATs. Use is growing; it works well and reduces red tape in such investigations.While in theory there are other ways that JITs can exist (such as the 2 nd protocol tothe 1959 convention) these have not been universally adopted and as such cannot beviewed as a fall-back position. As such, this is one of the measures (along with theEAW) that we would seek to retain above all others.4. 2002/584/JHA - European arrest warrant and the surrender proceduresbetween Member States. This is an extremely effective policing measure and toremove it would represent a huge step backwards. See the main report for muchmore detail on the EAW.5. 2007/533/JHA - The establishment, operation and use of the secondgeneration Schengen Information System (SIS II). This is the TPM thatactually brings SIS2 into force.6. 2008/675/JHA - Taking account of convictions in the Member States of theEuropean Union in the course of new criminal proceedings. Even though thisit is already part of UK law it completely relies upon other states being able to passthis information to us outside of the MLA process. If we were no longer part of it, itmay make the obtaining of conviction data protracted, taking the CJ system backmany years and running the risk of serial offenders not being identified. See the mainreport for more details on this measure.7. 2008/977/JHA - The protection of personal data processed in theframework of police and judicial cooperation in criminal matters. This setsup rules for the transfer of information about persons concerned in criminalinvestigations.8. 2009/315/JHA - The organisation and content of the exchange ofinformation extracted from the criminal record between Member States.This is an extremely important provision. Without it we would rely on MLATs (EIOswhen they come in) to obtain criminal conviction records. See the main report formore detail on this subject.19
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