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Along the same lines as Europol, this would be a pool of magistrates from the EU's 15 countries, available 24 hours a day to issue such a warrant.
Under that plan a list of security-cleared barristers would be created to argue the public interest case as a judge weighed that against national security interests in deciding whether to issue such a warrant.
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The decisions of this Court concerning Fourth Amendment probable-cause requirements before a warrant for either arrest or search can issue require that the judicial officer issuing such a warrant be supplied with sufficient information to support an independent judgment that probable cause exists for the warrant.
This is the first time the ICC has issued such an arrest warrant.
It said that the notice had come within the past 24 hours from Kenyan authorities and that it was the first time such a warrant had been issued for Lewthwaite, even though she has been wanted in Kenya for some time for the alleged possession of a forged South African passport.
Rule 54: "At the request of either party or proprio motu, a Judge or a Trial Chamber may issue such orders, summonses, subpoenas, warrants and transfer orders as may be necessary for the purposes of an investigation or for the preparation or conduct of the trial".
The investigatory powers bill provides that the home secretary issues such warrants, subject to approval by a judicial commissioner.
The Los Angeles Times reported yesterday that the court that issues such warrants recently ruled that the law also requires that the government seek such an individualized warrant for purely foreign communications that, nevertheless, move through American data networks.
If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (e) may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property.
It would not be practical for prosecutors in a foreign jurisdiction … to make such decisions". Last week Sweden issued a warrant for Assange's arrest and extradition over sexual assault allegations.
But according to the Cityview, King believes that the issue warrants such an effort.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com