The Association of Chief Police Officers - Parliament

Bar Council –Written evidenceQuestion 4: Which of the pre-Lisbon PCJ measures benefit the United Kingdomthe most? What are the benefits? What disadvantages result from the UnitedKingdom’s participation in any of the measures?38. The Bar Council wishes to adopt the analysis provided in the CELS September 2012report, linked to this paper at footnote 1 above.39. In particular, we would highlight the EAW; the European Supervision Order (due to beimplemented by Member States by 1.12.12 but which the UK has (uncharacteristically) notyet implemented due to question marks over the opt-out decision; the measures concerningmutual assistance, including the tracing freezing and confiscation of assets; the measuresestablishing Eurojust, those concerning previous convictions in Member States and transferof prisoners; and the CEPOL, JIT and other police cooperation measures set out in paras 22-24 above.40. Many of the measures under consideration have not been in force (or not beenimplemented) for long enough for their full value to be felt. Many members of the Bar are,for instance, unaware of the assistance that can be sought from Eurojust. The benefits of themeasures are increased cooperation and thus trust between Member States, leading to thereal advantages of swift administrative and evidential assistance. In each case the measureseither filled a lacuna or replaced a measure that was felt to be inefficient or inadequate.41. The Bar Council is unaware of any significant disadvantage resulting from the UK’sparticipation in any measure. There must presumably be some cost to assisting other states,but it is likely to be outweighed by the advantages received in return.Question 5: In her 15 October statement the Home Secretary stated that “…some of the pre-Lisbon measures are useful, some less so; and some are now, infact, entirely defunct”. Which category do you believe each measure falls within?42. Again, the Bar Council wishes to adopt the analysis provided in the CELS September2012 report, linked to this paper at footnote 1 above.Question 6: How much has the United Kingdom relied upon PCJ measures, suchas the European Arrest Warrant, to date? Likewise, to what extent have otherMember States relied upon the application of these instruments in the UnitedKingdom?43. See answer to Q 10 below.Question 7: Has the UK failed to implement any of the measures and thus laiditself open to infringement proceedings by the Commission if the Court ofJustice had jurisdiction?44. The UK has not implemented the European Supervision Order for the reasons set outabove at paragraph 34, nor the Council Framework Decision 2008/947/JHA of 27 November2008 on the application of the principle of mutual recognition to judgments and probationdecisions with a view to the supervision of probation measures and alternative sanctions.However, the UK is unlikely to fall foul of the CJEU as it has already implemented almost allof the measures in question, and done so satisfactorily.42