Influencing Influencing

• European Arrest WarrantEuropean Arrest Warrant• Joint Investigation Teams Joint Investigation Teams • TerrorismTerrorism

• JHA Council Decisions of December 2002 & March 2004JHA Council Decisions of December 2002 & March 2004• Annual Report 2003Annual Report 2003

– Eurojust to Report to JHA Council by end May 2004Eurojust to Report to JHA Council by end May 2004

• Decisions on JurisdictionDecisions on Jurisdiction• Working with ‘Third’ States Working with ‘Third’ States • Need for clarity & a “joined-up” approachNeed for clarity & a “joined-up” approach

– Eurojust, EJN, Europol, PCTF, OLAFEurojust, EJN, Europol, PCTF, OLAF

• Domestic Competent AuthoritiesDomestic Competent Authorities• EJN (EJN (EEuropean uropean JJudicial udicial NNetwork)etwork)• EuropolEuropol• Liaison MagistratesLiaison Magistrates• OLAF (OLAF (OOffice pour la ffice pour la LLutte utte AAnti-nti-FFraude)raude)• EU Candidate Countries EU Candidate Countries • Other Countries Contact Points: Other Countries Contact Points:

• USA, Norway, Canada, Switzerland, etc.USA, Norway, Canada, Switzerland, etc.

Key PartnersKey Partners

Casework ExamplesCasework Examples

• Two Human Trafficking Cases Two Human Trafficking Cases

• Case A - UK France Case A - UK France

• Case B - France Spain Bulgaria & Albania Case B - France Spain Bulgaria & Albania

Case A (i) Case A (i)

• Human trafficking caseHuman trafficking case

• Sophisticated network moving people from Sophisticated network moving people from Indian sub-continent into the EU Indian sub-continent into the EU

• Collection point in France for movement to Collection point in France for movement to the UK the UK

• Separate enquiries in France and in England Separate enquiries in France and in England

Human Human TraffickingTrafficking

Case ACase A

Case A (ii)Case A (ii)

• UK and France investigators/prosecutors met at UK and France investigators/prosecutors met at Eurojust in The Hague on 4 NovemberEurojust in The Hague on 4 November

• Discussed their linked investigations Discussed their linked investigations – in France; in France;

• Orcriest - Commissioner and Police Captain and Orcriest - Commissioner and Police Captain and

• Examining magistrate from Bobigny in Paris Examining magistrate from Bobigny in Paris

– in Englandin England• NCS - Telford NCS - Telford

• CPS at Casework Directorate in Birmingham CPS at Casework Directorate in Birmingham

Case A (iii)Case A (iii)

• ObjectivesObjectives– Ensure effective co-ordination of both casesEnsure effective co-ordination of both cases

– Facilitate execution of Letters of RequestFacilitate execution of Letters of Request

– develop future strategy and actionsdevelop future strategy and actions

• Overview of both enquiries Overview of both enquiries

• Exchange of information and state of play on Exchange of information and state of play on investigations in each jurisdictioninvestigations in each jurisdiction

• Preparation of draft letter of request Preparation of draft letter of request

• Evidential requirementsEvidential requirements

Case A (iv)Case A (iv)

• Evidential requirementsEvidential requirements– Did draft request meet French legal criteria Did draft request meet French legal criteria – the form the material was to be sent to UKthe form the material was to be sent to UK– telephone billing and subscriber checkstelephone billing and subscriber checks– Possibility of English investigators using Possibility of English investigators using

French telephone intercept material as evidence French telephone intercept material as evidence in the English prosecutionin the English prosecution

Case A (v)Case A (v)

• Also agreedAlso agreed– Arrests to take place in France on agreed dateArrests to take place in France on agreed date– Interviews of any defendants to take place in Interviews of any defendants to take place in

England or France: English and French England or France: English and French investigators to be presentinvestigators to be present

– Further meeting at Eurojust in early 2004 to Further meeting at Eurojust in early 2004 to exchange information on progress and to decide exchange information on progress and to decide on any future co-operation and actionon any future co-operation and action

Human Human TraffickingTrafficking

Case BCase B

Case BCase B

• Involving France (Paris & Perpignan) and Barcelona in Involving France (Paris & Perpignan) and Barcelona in Spain and trafficking of women (mainly minors) for Spain and trafficking of women (mainly minors) for prostitution from Romania by Albanian crime gangsprostitution from Romania by Albanian crime gangs

• Facilitation of evidence collection in Romania and Facilitation of evidence collection in Romania and AlbaniaAlbania

• Evidence relating to forgery and use of false French Evidence relating to forgery and use of false French passports passports

• Denunciation of prosecution by the Romanian Denunciation of prosecution by the Romanian authorities authorities

The Future ?The Future ?• Medium Term and Long Term Plans Medium Term and Long Term Plans

– Focus: key criminal conduct cross-border Focus: key criminal conduct cross-border – Regular Meetings - Operational & Strategic Regular Meetings - Operational & Strategic

• Terrorism, Trafficking Human Beings & Drugs, Fraud & Money Laundering Terrorism, Trafficking Human Beings & Drugs, Fraud & Money Laundering • Joint Investigation Teams - a monitoring role ?Joint Investigation Teams - a monitoring role ?

• Follow up suggestions made at meetingsFollow up suggestions made at meetings– No enough to bring people together - No enough to bring people together - must add valuemust add value – Work to remove MLA BlockagesWork to remove MLA Blockages

• Must deliver good results consistently Must deliver good results consistently • not just good storiesnot just good stories

- The Role and Work of Eurojust - - The Role and Work of Eurojust - Combating International Crime Combating International Crime

and Adding Valueand Adding Value

Mike Kennedy Mike Kennedy

President of the College of EurojustPresident of the College of Eurojust

National Member for the United Kingdom National Member for the United Kingdom