Examination of Witnesses (Questions 307-319)
Senior District Judge Timothy Workman
23 MAY 2007
Q307 Chairman: Judge, thank you very much indeed
for coming along to help us on this inquiry. Have you ever actually
given evidence to one of these committees before?
District Judge Workman: Only, as it were, in
the other House.
Q308 Chairman: Ah, yes. You will
find us very civilised in comparison! You know the form then.
We are on air. There will be a transcript available for your correction.
I know you have seen the evidence we have taken to date, both
oral and in writing, and you have had notice of the sorts of areas
of questioning we would like your assistance on. Your experience,
of course, is really second to none in this general area, because
as the Senior District Judge I think you have sole responsibility
in court for operating the European Arrest Warrant scheme?
District Judge Workman: With five of my colleagues,
yes.
Q309 Chairman: With five of your
colleagues, but you are the Chief Magistrate?
District Judge Workman: Yes.
Q310 Chairman: And extradition, too?
District Judge Workman: Yes, that is right.
Q311 Chairman: Those are the only
areas, so to speak, within your sole preserve?
District Judge Workman: There is another jurisdiction
in relation to terrorism, but that is slightly different.
Q312 Chairman: I see. This proposed
European supervision order scheme is based, as of course we all
appreciate, on the principle of mutual recognition, mutual trust
between Member States and procedures, which is of course the same
principle underlying the European Arrest Warrant. Has it, in your
experience, been working with the European Arrest Warrant?
District Judge Workman: It has, and I think
it has speeded the process up in many cases. There has been a
number of difficulties with the Act which has kept the Court of
Appeal busy.
Q313 Chairman: But are they difficulties
really just in the mechanics of the scheme or do they cast doubt
on the mutual trust which is supposed to underpin the scheme?
District Judge Workman: No, I do not think it
has affected the mutual trust that is given.
Q314 Chairman: That has been working?
People have been trusting each other, and so forth?
District Judge Workman: Yes.
Q315 Chairman: Do you expect the
same level of trust? Do you think this scheme will attract the
same degree of mutual recognition, or do you foresee difficulties
on this?
District Judge Workman: My approach would be
that the principle, I think, would be sound and it would be respected.
I think the detail is the problem, and if the detail is not sufficiently
well worked out then I think we will find that it is not relied
upon.
Q316 Chairman: Quite. You have seen
from our earlier evidence sessions that we have had some discussion
of this proposal compared with an earlier rather more rudimentary
scheme, Eurobail, which had not been worked through in any detail
and which was never the subject of any specific proposal. Have
you any views as between the two, or do you think this is the
right scheme?
District Judge Workman: I think this is the
right way forward. Eurobail, being rather an optional exercise,
was not going to be very effective, whereas if this comes into
being I think it will be binding on all and will be respected
as such.
Q317 Chairman: Yes. Can we move on
to the question of consultations? With the European Arrest Warrant
scheme, with which you are, of course, particularly familiar,
is there much which has to take place in the way of consultations,
discussions between the respective authorities of the Member States
involved?
District Judge Workman: In practice I find this
a little difficult to answer because as between the judicial authorities
of the requesting State and receiving State there is very little
contact initially. We receive the warrant and we get on with it,
but I do know that before that it passes through the Serious Organised
Crime Agency and I believe there are a number of occasions when
those warrants are examined by the Agency and further questions
which arise from them are answered. So I think there is an element
of consultation -
Q318 Chairman: Informal cooperation
before it formally comes before you?
District Judge Workman: Before it actually reaches
us, yes, but at the point that it reaches us there is no initial
consultation. We deal with it as the defendant arrives. Thereafter,
there is provision within the framework document for asking for
further advice and guidance from the issuing authority and occasionally
we have done that.
Q319 Chairman: Clarification of questions
which remain outstanding?
District Judge Workman: Yes.
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