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17 February 2021 / Nick Vamos , Katie Jones
Issue: 7921 / Categories: Features , Brexit , EU , Extradition , Criminal
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Post-Brexit security: An eleventh-hour reprieve?

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Nick Vamos & Katie Jones take a look at what’s changed & what’s next for extradition in the UK post-Brexit
  • While many similarities remain between the European arrest warrant scheme and the new extradition regime, there are also notable differences.
  • These include potentially greater scope for challenges to extradition to certain countries, as well as the introduction of an overarching principle of proportionality and dual criminality being subject to an ‘opt in’ provision.
  • The first legal test of the new arrangements has already been heard in Polakowski v Westminster Magistrates’ Court, with several further key cases listed for the near future.

The UK-EU Trade and Cooperation Agreement (TCA), agreed between the parties on Christmas Eve and implemented in UK domestic law on 31 December 2020 by the European Union (Future Relationship) Act 2020, provides a new framework for extradition post-Brexit. Title VII of Part 3 of the TCA, entitled ‘Surrender’, sets out the principles and procedure to be applied going forward.

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Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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