In Cyprus, warrants for the arrest of a person or search of premises, are issued by judges after a relevant police application. As a result of an arrest warrant, a person is deprived of their liberty whereas with a search warrant, the police may enter a building or dwelling in order to search and seize exhibits it may find. On many occasions, the defining piece of evidence will be collected immediately after the execution of a warrant.
Additionally, European or International arrest warrants are issued once a national warrant has been issued, as above. Therefore, setting aside or cancelling a national arrest warrant will always lead to the cancellation of a European or International arrest warrant.
These national warrants can be cancelled by way of a form of judicial review (a legal process called applying for the issuing of a writ of certioari). The Supreme Court of Cyprus has exclusive jurisdiction to issue these writs, which lead to the cancellation of a warrant of arrest or search.
Warrants may be cancelled for a variety of reasons, such as where the police, in their initial application, withheld important and relevant facts from the court of first instance.
Additionally, a warrant may be cancelled where the lower court acted ultra vires, meaning beyond its powers, in issuing the said warrant.
Not every warrant will have grounds to be cancelled. There must be very specific reasons and grounds upon which such a warrant will be cancelled. However, it is important that citizens know that these procedures exist.
As mentioned at the outset, a national warrant will be the basis of a European or International arrest warrant. Where, therefore, a wanted person either in Cyprus or abroad, is able to cancel the national arrest warrant, that will usually lead to the European or International arrest warrant being cancelled too.
Any evidence or exhibits collected in the immediate aftermath of the execution of a cancelled warrant (of arrest or search), will likely be barred from being accepted as evidence at trial, as having been obtained in an unconstitutional manner.
Dimitris Lochias*
Lawyer - Legal Consultant
*Dimitris Lochias is a lawyer who specialises in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices in criminal & extradition law in all levels of Cyprus' Courts, including the Supreme Court, District Courts and in the Sovereign Base Area (SBA) Courts of Episkopi & Dhekelia.
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