Difficulties in Executing European Arrest Warrants: Selected Judgments Decided by the Maltese Courts
| DOI | 10.1177/203228441400500409 |
| Date | 01 December 2014 |
| Published date | 01 December 2014 |
| Subject Matter | Update |
556 Intersentia
DIFFICULTIES IN EXECUTING
EUROPEAN ARREST WARRANTS
Selected Judgments Decided by the MalteseCourts*
S F**
is Article seeks to identify problems in implementing and executing European
Arrest Warrants (“E AWs”) in Malta. It wil l be shown that there are certa in principles
and procedural di culties which hamper t he correct and e cient application of
instruments of mutua l recognition in a domestic sphere. Problems invariably arise
resulting in unnecessary delays, lengthy proceedings, non-execution on the basis of
ne bis in idem not to mention legal di culties which could arise from adopting the
proportionality criterion in application. What follows is a crit ique of certain issues
which arise from a domest ic perspective suggesting reform where necessa ry.
1. EXECUTION OF WARRANT MAY NOT BE SUSPENDED
OR STOPPED EVEN WHERE THE ACCUSED IS WILLING
TO COOPERATE
In the case of Police vs George Clayton1, the accused was wanted in Malta for having,
on 8th May 2009, committed the o ence of obtaining money by fa lse pretences2 to the
detriment of several reta il outlets in Malta. e o enc e was aggravated by the amounts
involved.3 Shortly a er having committed these o ences, the accused le the island
and returned to the United Kingdom where he resided. An EAW was issued against
Clayton. During the court hearings in the UK in execution of the EAW, Clayton
brought evidence to the e ect that he had actually reimbursed a nd paid for the fraud
he had committed. He argued t hat once it was shown that payment was e ected this
cleared any criminal responsibility, arguing that the matter was a civi l rather than a
* is Article is a n extract from a doc toral thesis read t he University of Malta.
** B.A., LL.D., L L.M. (IMLI), M.Jur (Oxon).
1 Decided 9th December 2011, Court of Magi strates (Malta).
2 Section 308 of the Crim inal Code, Cap. 9, Laws of Ma lta.
3 Section 310 of the Criminal C ode, Cap. 9, Laws of Malta.
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