Counsel Magazine

The Bar Council recently responded to the Commission’s Green Paper on the possible extension of the European Evidence Warrant, to cover evidence that is not yet in existence (e.g. taking a witness statement) or that exists but is not directly available without further action (e.g. obtaining DNA samples). The existing EEW is widely seen in practice as too limited in scope. The Bar is calling for defence rights to be dealt with first, and for provision to facilitate the obtaining of defence evidence cross-border too. At the time of writing it is not yet clear whether the Commission will issue its own proposal, or be beaten to it by a Member State proposal on the issue of obtainability of evidence, which is also in the works.