The Proportionate Application of Article 8 of the Echr on Execution of a Request for Surrender of a Person with Children

AuthorDavid J. Dickson
Date01 March 2013
DOI10.1177/203228441300400111
Publication Date01 March 2013
SubjectAnalysis and Opinion
168 Intersentia
ANALYSIS AND OPINION
THE PROPORTIONATE APPLICATION OF
ARTICLE8 OF THE ECHR ON EXECUTION
OFA REQUEST FOR SURRENDER
OFAPERSON WITH CHILDREN
D J. D*
ABSTRACT
e aim of this paper is to bring to colleagues’ notice a recent decision of the Supreme
Court of the United Kingdom on the approach to be taken by the C ourts to determine if
surrender/extradition is proportionate with reference to Article 8 of the European
Convention on Human Rights where the requested person(s) is the sole carer(s) of a child
or dependent relative.
1. INTRODUCTION
e e valuation of the European Ar rest Warrant1 reported that despite encouragement
to practitioners to issue proportionate EAWs, by amendment to the EAW Handbook2,
this had failed to materia lise in practice.  e report observed this ‘con dence in the
application of the EAW has been undermined by the sys tematic issue of EAWs for the
surrender of persons sought in respect of o en very minor o ences.’3 It also reported
that there was general agreement amongst the member States that a proportionality
check is necessar y to prevent EAWs being issued for o ences which ‘… are not serious
enough to justify the measures and cooperation which the execution of an EAW
* Head of Extradition, Crown O ce, Scotland, EJ N Contact Point. Crown O ce , 25 Chambers
Street, Edi nburgh EH1 1LA, DavidJ.Dickson@copfs.gsi.gov.uk.  e author would welcome views
from colleagues.
1 COM(2011) 175 Final 11April 2011.
2 Council 84 36/2/10COPEN, p.3.
3 COM(2011) 175 Fina l 11April 2011 at para. 5.

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