Reply to post: Re: 007 ... license to kill

It's cool for Brit snoops to break the law, says secretive spy court. Just hold on while we pull off some legal jujitsu to let MI5 off the hook...

I ain't Spartacus Gold badge

Re: 007 ... license to kill

After ruling that he was subject to a European Arrest Warrant despite not being charged

You can't be charged before you've been arrested in the UK either. Even if you go to a police station voluntarily for questioning - they have to formally arrest you before charging you.

The question that Assange took to the High Court was whether the Swedish system was compatible with UK law. Because in most of Europe it's the magistrates that run the trials (the inquisatorial system as opposed to our adversarial system) - and so the magistrate who signs the IAW is also linked to the prosecution. Whereas our police and prosecutors are separate from the judiciary and have to get their warrants from them.

The court ruled that allowing this process must have been the intention of the legislation given that almost every country in the EU runs their justice system this way. Otherwise the whole European Arrest Warrant treaty would have been virtually pointless.

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