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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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