MPs urged to back readoption of European arrest warrant

Britain risks becoming haven for wanted criminals, say legal experts in attempt to ward off expected Tory backbench rebellion

Fugitives such as teacher Jeremy Forrest, who fled to France with a 15-year-old pupil, could not be speedily extradited without the European arrest warrant, experts said. Photograph: Dan Dennison/Getty Images

Britain risks becoming a haven for fugitives if MPs fail to endorse the country’s participation in the European arrest warrant (EAW) in a forthcoming parliamentary vote, leading legal, law enforcement and academic figures have warned.

The EAW is one of 35 measures which the government is seeking to rejoin after opting out of more than 100 EU policies relating to justice and home affairs last year.

But amid fears that as many as 100 Tory backbenchers could rebel when the option comes before parliament, a range of figures familiar with the use of the EAW have mounted a fightback by publishing a letter in the Daily Telegraph in an apparent bid to reach out to the paper’s significant Eurosceptic readership.

They write: “Without the EAW other EU members may be unable speedily to extradite suspects like Hussain Osman or Jeremy Forrest to Britain – both in jail after use of the EAW. Unsurprisingly, the Association of Chief Police Officers believes we cannot afford to lose it.

“Britain also risks becoming a safe haven for fugitives from justice – a handful of them British citizens, but the vast majority foreign nationals wanted for crimes elsewhere in Europe.”

The presidents of the Law Societies of England, Wales and Scotland and a former president of the supreme court are among the signatories of the letter, which says that a vote to opt in will be “a vote for security and for fair and effective criminal justice”.

It also says: “At home, recent statutory changes should help prevent extradition to long pre-trial detention overseas, and curb EAW use for trivial offences. Overseas, Britain can only lead reform of Europe’s criminal justice co-operation by being part of the system.

“There is no credible alternative to the EAW. Other EU members will be reluctant to adopt new laws if we reject a system that works. Resort to international law on extradition would be slow and ineffective.”

Critics including a hardline group of Tory backbenchers claim too many Britons are sent for trial to other European countries under the EAW. Despite concern surrounding the scale of a Tory revolt during the vote, which is expected to be held next week, David Cameron is expected to get the measure through with the support of Labour and the Liberal Democrats.

The letter’s signatories include Lord Phillips of Worth Matravers, a former president of the supreme court, and Sir Henry Brooke, a former lord justice of appeal. Others who have put their names to it include Andrew Caplen, the Law Society president, Sir David Edward, a former European court of justice judge and Lord Blair, the former Metropolitan police commissioner.