Britain should opt out of plans for "in absentia" trials
I am deeply concerned by the proposal that EU citizens could be tried in absentia for crimes alleged in another European country and then automatically extradited.
The proposals, which have been approved by the European Parliament, would mean that British people could be convicted in their absence by foreign courts, and then immediately extradited to another European country on the basis of an "in absentia" guilty verdict in its courts for offences carrying fines or custodial sentences.
In a joint statement the Parliament said: "The EU wants to create a common area for justice, which requires the mutual recognition of criminal law judgments by member states."
The proposals, which were put forward by seven countries, including Britain, were described by the European Criminal Bar Association (ECBA) as being "by their very nature a violation of the fundamental procedural rights of the accused".
In a letter to MEPs, the ECBA said: "The rights of European citizens will be undermined because in absentia judgments will result in the surrender of European citizens on the basis of a judgment given at a trial in which they never had the chance to participate."
Anyone convicted in their absence will have the right to a retrial or appeal after their extradition. However, the pressure group Fair Trials International said this is an inadequate safeguard. "Retrials can raise serious issues such as the disappearance of evidence, difficulty in locating witnesses, and difficulty in witnesses accurately recalling facts due to elapse of time," it told The Times.
Philip Bradbourn, the Conservatives' European Parliament justice spokesman, said: "This goes against one of the most fundamental cornerstones of British justice - that the accused has a right to defend himself at trial.
"If other EU countries want to go ahead with this proposal that's their choice, but the British Government should have no part."
Another Conservative spokesman added: "We have no idea why the Government has chosen to sponsor this proposal - it is still a mystery."
The proposal was overwhelming adopted by the Parliament and it will now be considered by the Council of Ministers. European countries would be able to opt out from the law even if it were adopted by the Council. If it is, Britain should do so.
The proposals, which have been approved by the European Parliament, would mean that British people could be convicted in their absence by foreign courts, and then immediately extradited to another European country on the basis of an "in absentia" guilty verdict in its courts for offences carrying fines or custodial sentences.
In a joint statement the Parliament said: "The EU wants to create a common area for justice, which requires the mutual recognition of criminal law judgments by member states."
The proposals, which were put forward by seven countries, including Britain, were described by the European Criminal Bar Association (ECBA) as being "by their very nature a violation of the fundamental procedural rights of the accused".
In a letter to MEPs, the ECBA said: "The rights of European citizens will be undermined because in absentia judgments will result in the surrender of European citizens on the basis of a judgment given at a trial in which they never had the chance to participate."
Anyone convicted in their absence will have the right to a retrial or appeal after their extradition. However, the pressure group Fair Trials International said this is an inadequate safeguard. "Retrials can raise serious issues such as the disappearance of evidence, difficulty in locating witnesses, and difficulty in witnesses accurately recalling facts due to elapse of time," it told The Times.
Philip Bradbourn, the Conservatives' European Parliament justice spokesman, said: "This goes against one of the most fundamental cornerstones of British justice - that the accused has a right to defend himself at trial.
"If other EU countries want to go ahead with this proposal that's their choice, but the British Government should have no part."
Another Conservative spokesman added: "We have no idea why the Government has chosen to sponsor this proposal - it is still a mystery."
The proposal was overwhelming adopted by the Parliament and it will now be considered by the Council of Ministers. European countries would be able to opt out from the law even if it were adopted by the Council. If it is, Britain should do so.
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