Poll: Should MPs throw out the European Arrest Warrant?

MPs were today deciding whether Britain should opt out of the European Arrest Warrant – with a warning from senior judges ringing in their ears.

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But in an open letter, 40 senior judges and lawyers warned Britain will become a "safe haven" for foreign criminals and fugitives if it opts out, warning "there is no credible alternative" to the arrest warrant.

It comes as David Cameron is facing a back-bench rebellion from Tory MPs in a vote on the controversial justice measure, which is expected to be held next week.

Scores of Tory MPs are expected to vote against the warrant amid concerns that it infringes on the rights of British citizens and will lead to Britons being deported on spurious grounds.

But in their letter, the group of lawyers, judges and professors warn that "Britain can only lead reform of Europe's criminal justice co-operation by being part of the system".

MPs will be voting today on whether the UK should allow police to extradite suspects quickly between EU states – one of the 35 EU law enforcement measures legal ministers want to keep.

William Hague announced the debate on whether or not we should be opting into these measures, including the European Arrest Warrant, which the government also wants to retain.

Many Tory MPs, aware of the ant-European feeling among voters, are expected to rebel and vote for the UK to opt out of the warrant arrangement.

But Andrew Caplen, the Law Society president, Sir David Edward, a former European Court of Justice judge and Lord Blair, the former Metropolitan Police commissioner, are among those who have signed the letter urging those MPs to think again.

Opting out of the EAW would prevent the extradition to Britain of extremists like Hussain Osman, who was convicted after trying to repeat the July 7 terror attacks, or Jeremy Forrest, the teacher who was jailed last year for abducting a schoolgirl.

"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," the letter states. 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."