Brexit poses threat to police investigations, says senior EU judge

Warning that crime-solving could become difficult in no-deal scenario

Criminal investigations face disruption in Scotland if police lose their Europol connections under a no-deal Brexit, a senior EU judge has warned.

Ian Forrester, who is the UK’s representative on the European Court of Justice, warned of a “gap” emerging in British crime-solving should the exchange of information system between member states not be replicated after March.

The former QC in Edinburgh also echoed concerns from Scotland’s Lord Advocate that crashing out of the EU would make it harder to extradite foreign suspects back to Scotland.

Judge Forrester highlighted the importance of Europol, which is the EU agency for law enforcement co-operation.

“When you are talking criminal enforcement and criminal investigation, there needs to be a legal framework,” he said.

“It can’t be done on the basis of friendly, cordial understanding.

“So when the German police pick up a Brit who is drunk and disorderly in charge of a car, or is suspected of some serious crime, or a less serious crime, it is extremely easy for the police forces to exchange information.

“To the extent that those co-operation mechanisms are within the framework of European law.

“If those mechanisms were to cease to apply in the UK then something new has to take their place.

“Until something new has taken their place, one would assume there’s a gap.”

Questioned on whether that gap would damage cross-border criminal investigations, he said: “If you draw that conclusion I couldn’t disagree.”

Judge Forrester added the European Arrest Warrant, which enables the swift extradition of suspects between member states, was behind murderers and other serious criminals being brought to justice.

Asked if a no-deal Brexit made it significantly more difficult to return EU nationals to Scotland to face charges, he said “Oh yes”.

The Glasgow law graduate added: “If there was a crash out of Brexit, it would be necessary to have a completely new set of mechanisms bilaterally to request extradition.

“But those haven’t worked nearly as smoothly as the European Arrest Warrant has and some countries do not extradite their own nationals.”

Citing the case of Slovakian national Marek Harcar, who was forced back to Scotland on a European Arrest Warrant after murdering Moira Jones in 2008, the Lord Advocate James Woolfe said countries such as Germany may refuse to extradite to a non-EU state.

When you are talking criminal enforcement there needs to be a legal framework

Picture: Getty. If Europol connections are lost, it would be extremely difficult to bring EU criminals to justice, says Ian Forrester, the UK’s representative on the European Court of Justice.