EU trials in absence – UK consultation responses published
4 June 2008
The Government today published responses to its consultation on proposed new rules for cross-border cases in the European Union where judgments are made in the accused's absence.
The original proposal aims to improve mutual recognition of judgments and to set clearer rules about the procedural safeguards that member states need to meet in order to enforce a decision made in the accused's absence. There were 11 responses to the consultation and these were generally supportive of the proposals. Specific concerns raised included suspects' rights and the notion of a fair trial as developed by European Court of Human Rights case law – particularly in relation to the means of notification, the right to a retrial and effective representation.
The UK will continue to actively support the goal of reaching agreement on when foreign decisions made in absentia can be executed at the June Justice and Home Affairs Council.