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Old Feb 1, 2015, 9:58 pm
  #1  
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Advice on a bench warrant

I do need your your advice on the case of my brother who had just had a bench warrant issued against him in Ireland for not turning up to court on a public order offence. he intends to fly from Africa to UK, Australia and may be Germany, could that pose any risk on him being arrested in one of those destinations.
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Old Feb 1, 2015, 10:18 pm
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Welcome to FlyerTalk…

Although this site is not really the best place to get this kind of information (he really should consult an attorney, solicitor, etc., for sound legal advice), I will move this post to the dedicated UK/Ireland forum since that's the source jurisdiction, and on the off-chance that somebody here is able to give you some general info.

Good luck, and safe travels to your brother.

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Old Feb 1, 2015, 11:10 pm
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I understand that there is some sharing of warrants within the EU, although Immigration is probably where he would be arrested. (European Arrest Warrants are discussed here - http://en.wikipedia.org/wiki/European_Arrest_Warrant)
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Old Feb 2, 2015, 12:36 am
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Your "brothers" problem is this: I say he won't be arrested as there is not a snowballs chance in hell that the EU agencys will get their act together unless it is for something serious. He then travels. He then gets arrested. I've not been helpful have I.

And it reminds me of that story of the chap that deserted from the Foreign Legion about 20 years prior, went to France on a family holiday and found that the Legion never forgets !
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Old Feb 2, 2015, 1:02 am
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Will the UK know about the warrant? Almost certainly, because there is a long uncontrolled land border between the UK and the ROI so ever since 1923 the two sets of immigration authorities have been working in co-operation. They've had ample time to get the systems to work. All international arrivals into the UK have advance passenger information supplied by the airline and their passports scanned so the computer will warn the immigration officer if the OP's brother appears in front of them.
Would Germany know - well maybe, depends how badly the Irish want him. If he's flagged on the Schengen database they'll certainly detain him at Immigration (and so will most other Schengen countries).
Would Australia know - unlikely, but unless he's an Australian citizen or from a non-visa country he'd need to make a statement that he isn't wanted anywhere and the consequences of that if found out might be severe.
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Old Feb 2, 2015, 5:38 am
  #6  
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Originally Posted by Andy33
... he'd need to make a statement that he isn't wanted anywhere and the consequences of that if found out might be severe.
That is the main issue - a possible lie on an immigration document.

I've seen enough of the 'border patrol' tv programmes to know that people do get found out even over an arrest for a minor crime (not even a conviction) and get either officially deported or merely denied entry. It certainly would be an uncomfortable couple of hours for your brother.

Public Order Offences in Ireland covers a multitude of issues from the relatively minor (being drunk in public) to more serious (assault or riot). The former may not be an issue the latter certainly would to an immigration officer.

Nadoos - rather than gallivanting around the world your brother needs to get this case sorted out. You would be a better brother to him by telling him that rather than trying to find ways for him to avoid dealing with it.

Last edited by UKtravelbear; Feb 2, 2015 at 12:22 pm
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Old Feb 2, 2015, 6:42 am
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This is said to be about the OP's brother, not just a friend (if even that).

Originally Posted by Markie
I understand that there is some sharing of warrants within the EU, although Immigration is probably where he would be arrested. (European Arrest Warrants are discussed here - http://en.wikipedia.org/wiki/European_Arrest_Warrant)
Some arrests take place on the plane or at the gate on arrival at UK airports -- even arrests of passengers who intend to not clear passport control at a UK airport. Much the same goes for other EU countries too.

But the probability of of the arrests is indeed greater when attempting to clear passport control.
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Old Feb 2, 2015, 9:06 am
  #8  
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in the USA, bench warrants are in the great computer in the sky. any accident that the CIS sees, a red light goes off. offender goes directly to jail. bail is required for release.

Last edited by slawecki; Feb 9, 2015 at 8:05 am
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Old Feb 2, 2015, 9:34 am
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UK police have no authority to act on an Irish arrest warrant.

The only cause for concern would be if an international arrest warrant was issued - highly unlikely in this case.

We have enough trouble getting the UK police to follow-up on our own UK warrants.

And I know of no automated link between the Police National Computer and the Immigration system in the UK, never mind the Irish system.
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Old Feb 2, 2015, 12:09 pm
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Originally Posted by Andy33
Will the UK know about the warrant? Almost certainly, because there is a long uncontrolled land border between the UK and the ROI so ever since 1923 the two sets of immigration authorities have been working in co-operation. They've had ample time to get the systems to work. [...]
Err... where do I start...
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Old Feb 2, 2015, 12:15 pm
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Originally Posted by Markie
[...]
(European Arrest Warrants are discussed here - http://en.wikipedia.org/wiki/European_Arrest_Warrant)
It's but a summary, but perhaps this bit is pertinent...

An EAW (European Arrest Warrant) can only be issued for the purposes of conducting a criminal prosecution (not merely an investigation), or enforcing a custodial sentence.[1] It can only be issued for offences carrying a maximum penalty of 12 months or more in prison. Where sentence has already been passed an EAW can only be issued if the prison term to be enforced is at least four months long.
An EAW isn't issued automatically.

If we were to have an idea of what the guy did, we might be able to give it a better guess.
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Old Feb 2, 2015, 12:39 pm
  #12  
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What is involved in the "brother" resolving the matter? Are we talking about a smallish fine which can be arranged or banishment to Elba or worse?
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Old Feb 7, 2015, 5:07 pm
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Originally Posted by Mizter T
Err... where do I start...
If we were to have an idea of what the guy did, we might be able to give it a better guess.

The guy was charged with threatening and abusive behaviour in a public place
Namely, indecent exposure in a night club with a probability of an additional
Charge of sexual assault.
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Old Feb 8, 2015, 11:04 am
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Well that sounds serious enough, what with a probably sexual assault charge. I think you've answered your initial question.

(For what it's worth my comment above saying "where do I start" was directed at Andy33's, erm, naivety in thinking that since 1923 there may have been a state of happy co-operation between the UK & ROI authorities. But the division of Ireland has a very long, complicated and involved history, and furthermore is something of an aside to the original question.)
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Old Feb 8, 2015, 11:41 pm
  #15  
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Originally Posted by MAN Pax
And I know of no automated link between the Police National Computer and the Immigration system in the UK, never mind the Irish system.
Odd then that I keep seeing people in Court arrested at Stansted for an outstanding UK warrant.
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