Guide to Extradition Law Post Brexit

On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement ('the TCA'), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020.

The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated.

In the second edition of 'A Practical Guide to Extradition Law Post-Brexit', current and former members of Temple Garden Chambers' extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 ('the 2003 Act') in this new era, highlighting areas of continuity and change and the key developments in extradition law since 2021. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes.

"This book is timely, and practitioners will find it of great use ... it is well-researched, well-expressed, easy to follow and practical in its focus ... I commend it to all lawyers in the field."

- from the Foreword by the Right Honourable Sir Stephen Irwin

ABOUT THE AUTHORS

The Temple Garden Chambers extradition team bring an unrivalled wealth of experience prosecuting and defending extradition cases at all levels from the Magistrates' Court to the Supreme Court and the CJEU. Members of the team are highly ranked in Chambers and Partners and the Legal 500. Drawing on complementary expertise in domestic public law and international criminal law, they are excellently placed to guide you through the UK's extradition law and practice post-Brexit.

CONTENTS

Introduction

Chapter One - The Initial Hearing

Chapter Two - The Extradition Hearing

Chapter Three - Bars to Extradition

Chapter Four - Human Rights

Chapter Five - The Secretary of State's Role

Chapter Six - Appeals

Appendix A - Excerpts from the Extradition Act 2003

Appendix B - Extract from the EU Trade and Co-operation Agreement