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.
