Extradition under the EU–UK Trade and Cooperation Agreement1

Date01 June 2021
DOI10.1177/2032284421995583
Published date01 June 2021
Subject MatterAnalysis/Opinion
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(2) 213221
© The Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2032284421995583
journals.sagepub.com/home/nje
Extradition under the EUUK
Trade and Cooperation
Agreement
1
Edward Grange
Partner, Corker Binning, London, UK
Ben Keith
Barrister, London, UK
Sophia Kerridge
Pupil Barrister, London, UK
Abstract
When the EUUK Trade and Cooperation Agreement (TCA) was reached between the UK and the
EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if
anything, would remain from the European Arrest Warrant (EAW) system before it came into
force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK
prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or
surrenderbetween EU member states and the UK. In short, the EAW system no longer applies.
The authors set out how the TCA provides a degree of continuity, now under the watchful eye of
the UKEU Specialised Committee on Law Enforcement and Judicial Cooperation. There are
notable departures from the EAW system however, in both practical and legal terms, that open the
door to increased scrutiny of extradition requests. The authors explore the impact these cha nges
may have on the future of extradition with the EU27, to or from the UK.
Keywords
Extradition, surrender, brexit, Trade and Cooperation Agreement, European Arrest Warrant
Corresponding author:
Edward Grange, Corker Binning, 38 Chancery Lane, London WC2R 1EN, UK.
Email: eg@corkerbinning.com
1. Trade and Cooperation Agreement betweenthe European Union and the European Atomic Energy Community, of the one
part, and the United Kingdom of Great Britain and Northern Ireland, of the other Part, [2020] OJ L 444/14, https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L.2020.444.01.0014.01.ENG> accessed 23 January 2021 (TCA).
All provisions cited in this piece without further reference belong to the TCA.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT