header-logo header-logo

24 September 2021 / George Hepburne Scott
Issue: 7949 / Categories: Features , Brexit , Extradition
printer mail-detail

Could post-Brexit UK-Ireland extradition arrangements be unlawful?

58612
George Hepburne-Scott considers the potential impact of Saqlain’s referral to the European Court of Justice
  • Are post-Brexit extradition arrangements between the UK and Ireland on the brink of being declared unlawful by the EU’s top court?
  • Looks at the case of Saqlain v Governor of Cloverhill Prison and Salman v Governor of Mountjoy Prison.

Following the seismic shift in the relationship between the UK and the EU post 11 pm on 31 December 2020 (Brexit day), the extradition arrangements between the two also fundamentally altered. Or did they?

Polakowski

It could be argued that in reality very little changed. There was a perhaps predictable, immediate challenge in the High Court of England and Wales: the case of Polakowski & Ors v Westminster Magistrates’ Court [2021] EWHC 53 (Admin), [2021] All ER (D) 70 (Jan) in effect challenged the legality of the UK’s post-Brexit extradition arrangements with the EU.

However, these challenges were roundly rejected by the High Court in that case which robustly described them as ‘misconceived’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll