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Date Arial 14pt

ACPO’s Assessment of the Impact of a UK Opt-out of EU Third Pillar Criminal Law and Policing Measures Under the Lisbon Treaty. ACPO Lead on Extradition and Mutual Legal Assistance. Commander Allan Gibson QPM. Date Arial 14pt. Organised Highly mobile Transnational Technologically enabled

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Date Arial 14pt

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  1. ACPO’s Assessment of the Impactof a UK Opt-out of EU Third Pillar Criminal Law and Policing MeasuresUnder the Lisbon Treaty ACPO Lead on Extradition and Mutual Legal Assistance CommanderAllan Gibson QPM Date Arial 14pt

  2. Organised Highly mobile Transnational Technologically enabled Resourceful Adaptive Opportunistic Exploitative Collaborative Prepared to use violence Well-financed Forensically aware Use of false identities Aware of police methods Crime & criminals in the 21st Century

  3. The international aspects of crime in London – a few statistics • Q1 2012 – MPS arrested 61,939 people • 8,089 were nationals from EU countries (13%) • 9,358 were nationals from non-EU countries (15%) • 2009 pilot in Harrow showed that 10% of foreign national offenders arrested during a 24 hour period across 5 custody suites turned out to be wanted, detainable or deportable for offences abroad • FNOs present a significant risk to community safety

  4. Tackling 21st century criminals • Imperative to have fast and efficient law enforcement and criminal justice collaboration and instruments • Locate and identify criminals • Jointly tackle organised criminal groups operating across national boundaries • Mutual legal assistance re obtaining enquiries, gathering evidence, building cases • Arrest & bring to justice those suspected of committing crimes • Recover proceeds of crime • Free movement of European nationals across borders is a reality. We can't rely on 20th century models of international cooperation to deal with 21st century crime and criminals

  5. ACPO’s Position on the EAW • “The EAW is the most important of the all the Third Pillar Measures” • ACPO believes “that opting out of the EAW and relying on alternative arrangements would result in fewer extraditions, longer delays, higher costs, more offenders evading justice and increased risk to public safety”

  6. Examples • Pre-EAW: 4/11/95 Rachid Ramda, an Algerian, arrested in UK re a terrorist attack in Paris. France sought extradition. Completed in 2005. Detained in UK prisons. Sentenced to 10 years in March 2006 • Post-EAW: Hussein Osman identifed as suspect for 21/7/05 failed bomb attack at Hammersmith Tube Station. UK sought extradition from Italy. He was extradited to the UK in September 2005. Convicted in 2007 and sentenced to 40 years imprisonment. • Part 2 Example: Abu Hamza, USA apply for extradition in May 2004 re offences of kidnapping in Yemen in 1998. Extradition completed in October 2012. Cost to British taxpayer estimated to be in excess of £3m.

  7. EAWs – trend data

  8. EAWs • Around 1500 arrests per annum within England & Wales. • The vast majority are foreign nationals wanted abroad, small percentage are UK citizens. • Last year, in London, the MPS received EAWs for: • Homicide x 50 • Rape x 20 • Robbery x 90 • Human Trafficking x 35 • Burglary x 40 • Drugs Offences x 180

  9. Incoming Case Study • Paulius ANIULIS, dob 02/01/1990 wanted in Lithuania for GBH - • This EAW was certified by SOCA on 11/12/2011 and sent to the MPS on 12/12/2011. • The warrant related to an unprovoked GBH with intent on a lone male who sustained serious injuries. Intelligence was completed and located a potential match. On 16/12/2011 the fugitive was located in Barking, London, arrested and remanded in custody. He was extradited back to Lithuania on 06/01/2012.

  10. Incoming Case Study • Arunas CERVINSKAS, dob 11/02/1980 wanted in Eire for Rape - • This EAW was certified by SOCA on 23/11/2011 and sent to the MPS on 24/11/2011. • The warrant related to a stranger rape on an under 18 female. Intelligence indicated an address in Plaistow. Further ID material was requested from Eire and this was received on 26/11/2011. On 28/11/2011 the fugitive was located, arrested and remanded in custody. He was extradited to Eire on 14/12/2011.

  11. Outgoing Case Study Jason McKay, London Borough of Hammersmith. • 0n 3/2/12, murdered his girlfriend by means of strangulation. • 10/2/12, walked in to police station in Warsaw and confessed. Taken into custody • At this stage the murder was not known to police. MPS attended the address and found the body • EAW issued by UK authorities and executed by the Poles on 11/2/12 • McKay was returned to UK on 23/2/12

  12. Joint investigation teams • Enables evidence to be easily admissible in EU member states • Full extent of criminality can be uncovered • Increases effectiveness in tackling organised criminal groups • Identification of linked series across Europe improved • Community safety enhanced in the UK

  13. JIT Examples • Op Veerde – collaboration UK & Czech Republic into human trafficking, prostitution & rape of young women brought to the UK by OCN. 33 victims were located in CR. JIT enabled efficient evidence gathering in both countries. 9 suspects indicted in England on behalf of both states and convicted • Op Golf – JIT between Metropolitan Police and the Romanian National Pollice. One part of the operation was to tackle a Romanian gang that was trafficking children into the UK for the commission of crime. It resulted in the arrest of 126 suspects for a wide range of offences. These offences included human trafficking, benefit fraud, theft, money laundering and child neglect. 272 trafficking victims identified.

  14. Recognition of criminal convictions • EU criminal convictions admissible in UK proceedings • Enables cross checking of arrested persons (ECRIS) • 28% of all persons arrested in London daily are foreign nationals • Full recognition of previous criminality when sentencing, harmful and dangerous criminals are sent to prison for longer

  15. Exchange of Criminal Records Case Studies • Since 2006 UKCA-ECR has received >500 notifications of UK nationals convicted in other EU states of sex offences. Now being managed in UK within the sex offender management system • Romanian national arrested in London for rape x 2. Request for conviction data revealed he had a previous conviction for rape in Romania. Successful application to use this conviction as bad character evidence and led to conviction. Prosecution counsel firmly of view this was critical to the conviction. • 2010, 2 brothers arrested for rape. FPs & DNA sent to Lithuania for checking. One brother had conviction for murder. Other wanted there for rape (not an EAW). Similar fact evidence used to convict brother 1. EAW issued for brother 2 and later convicted for rape. 2 TPMs used.

  16. Schengen Information System • SIS2 will enable all participating states to share real-time information on persons and objects of interest to law enforcement via a series of alerts made available via police national computer systems • Benefits: • Reduced criminality, better screening of criminals at the borders • Greater identity assurance at the border • Improved public & law enforcement officer protection • Improved judicial & police cooperation

  17. Europol • Thousands of intelligence reports passed via Europol • 'Analysis work files' – strategically and tactically analysing cross border crime in Europe using intelligence feeds from member states • Fast-time exchange of information regarding organised criminals operation cross border • Supported over 50 cross border investigations in the past year alone

  18. Key considerations • The trans-national nature of modern crime • The importance of the instruments to law enforcement and prosecutors • The efficiency and effectiveness of the instruments and how that compares with the fall back alternatives • The high number of European nationals who are wanted or are committing crime in the UK and the importance of being able to deal with them effectively • Impact on community safety

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