D. What should I do if I am retained or appointed in an EAW case in the Executing State?

Requested persons are unlikely to be conversant with EAW procedure.  They are likely to be in a state of shock when you first meet them and many may be fearful of being returned to the Issuing State.

When acting for those subject to EAWs, it is necessary to consult with your client as soon as possible to take their instructions and advise on whether they should consent to or contest the warrant. It will be necessary to briefly explain the nature of the fast-track EAW scheme. It might be necessary to have an interpreter present. Your role is not to test and challenge the evidence against the person as if they were on trial; guilt and innocence are for the courts in the Issuing State to determine.  Your role is to ensure the proceedings are conducted fairly, and in accordance with the Framework Decision. This will entail considering the content of the EAW (see below) to ensure it is valid as well as considering any refusal grounds (see below section E and section F), and that the person is correctly identified. It is important to go through the allegations with the requested person, outline the potential grounds of refusal or postponement available to them and to advise the person whether they ought to consent to their surrender (see below section D.3.i on consent).

It is important for requested persons to be given a realistic assessment of their prospects of success in EAW cases: they should be informed of the difficulties inherent in contesting surrender, and that most requested persons are eventually surrendered.

In the first instance, your role also involves seeking bail and appropriate bail conditions (see section G.1).