European Parliament approves trials "in absentia" for EU nationals

The European Parliament this week approved a proposal which will enable member states to conduct trials of citizens of other member states in their absence.  If, as seems likely in the absence of the accused person, he or she is convicted – it will then be open to the convicting state to apply for accused to be extradited.  

The measure had the support of the UK’s Ministry of Justice, which stated:

'The initiative will ensure that there is clarity as to when the courts of one member state recognise a decision taken by another member state in a person's absence.

'This will help ensure that a person cannot escape justice by fleeing to another member state, whilst also ensuring that persons are only returned where to do so is appropriate  -  for example where there will be a retrial.'

The Attorney General’s Office today indicated its support, saying that:

“Trials in absence are not new — they are already allowed under the national law of European countries, including the UK.

The rules bring consistency of legal safeguards across the EU ... and protect people better by ensuring a defendant is guaranteed a right to a retrial if they were not properly represented or they were not adequately informed.”

These remarks are to be compared with the European Criminal Bar Association’s warning, in an open letter to all Members of the European Parliament, that by their very nature the plans were a violation of any accused person’s fundamental procedural rights.   Highlighting the consequences of the proposal should it become law the letter points out that:

“..in absentia judgments will result in the surrender of European citizens on the basis of a judgment given at a trial in which they never had the chance to participate.  For example, it is possible that one member state issues a European Arrest Warrant and requests surrender on the basis of an in absentia judgment, although the accused never knew anything about the criminal proceedings against him and therefore never had the chance to be heard, e.g. after a traffic accident or the use of a credit card in that country.”

As commentators have suggested these proposals seem entirely capable of resulting in the UK extraditing a UK citizen whose credit card has been illegally copied and then misused in another European country.