What guidance it will issue to the justiciary concerning the correct identification of a suspect to be arrested under a European arrest war…

On the issue of guidance, the independence of the judiciary is a fundamental principle of the Scottish legal system. It would be constitutionally improper for the Executive to issue guidance to the judiciary on any question relating to the interpretation of the law and the discretion of the sheriff.The Framework Decision on the European arrest warrant does not require the corroboration of the identity of the requested person prior to arrest. This is reflected in the procedures contained in Part 1 of the Extradition Bill.A person who is arrested under a European arrest warrant is brought before the sheriff. The sheriff must be satisfied that the person is the person referred to in the warrant. For the avoidance of doubt, the bill makes it clear that for this purpose, one source of evidence is sufficient to enable the sheriff to make this decision and proceed. In the event of a dispute about identity, the sheriff would require to reach a decision on the basis of the evidence available.