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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice
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do you deal in criminal law as well, I have a question regarding

Resolved Question:

do you deal in criminal law as well, I have a question regarding an EAW European Arrest Warrant and an existing confiscation order.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have a EAW from Cyprus which I am about to appeal. This it being taken care of and I wanted to know it my present confiscation order would come first. I have served a default period for my confiscation and I am now paying interest off monthly, does the UK confiscation order take precedence over the EAW?

thanks you

Expert:  Jo C. replied 3 years ago.
Thanks.
If you have already served the default period and you are just paying the money then I'm afraid the EAW will be capable of enforcement.
Generally speaking, domestic custodial sentences and pending actions do take priority over EAW but that is not what you are dealing with here I'm afraid. This is just a monetary order which will not frustrate an arrest warrant sadly.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

thank you for that, I had that feeling, I am appealing the EAW of human rights grounds, and a technicality of the actual EAW. The EAW is for me to attend trial no sentence has been imposed.

On the document there is three charges, but non of them have any real details, such as time and dates of the offence, any investigation that took place, or actually amounts of money, is this enough information on an EAW? The actual complaint / investigation and EAW was issued on the same day in cyprus.

The offence was carried out by another company and un-fortunately I was working for the company that they did not deliver to at the time and I am being called to court over it.

On the human rights I care for my sever disabled son and I am appealing on these grounds, would this be seen as extreme circumstances for the appeal to be upheld.

this is all over 24K, not a lot of money.

thanks for your help

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
Best of luck with the appeal.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

hi sorry,

would you mind commenting on what I ask in my last message. I asked two points

thanks

Expert:  Jo C. replied 3 years ago.
I am sorry but I cannot give you good news.
Yes, that is enough. They only need the barest suspicion.
No, that is not a human rights point. Personal circumstances do not frustrate arrest warrants very often I'm afraid.
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