The Government has introduced the Extradition (Provisional Arrest) Bill (‘the Bill’) as part of the arrangements for when the UK leaves the current European Arrest Warrant (‘EAW’) arrangement.
Timothy Thompson of Kangs Solicitors comments generally.
The Proposals | Kangs Extradition Team
- The EAW has been effective in that it has resulted in a significant number of suspected and/or convicted offenders being removed from the UK and extradited to their respective jurisdictions.
- The Bill amends Part 2 of the Extradition Act 2003 to create a new power of arrest for extradition purposes.
- Part 2 deals with extradition to territories which are not EU Member States but with which the UK has formal extradition arrangements. The new power of arrest will enable law enforcement officers to arrest individuals without a warrant of arrest from a UK court in certain cases.
- This new power will only apply where the request for an individual’s arrest for extradition purposes (which could, for example, take the form of an Interpol red notice) has been certified as having been issued by a specified country (one of the listed countries to which the arrest power applies) in relation to a serious offence.
- The draft statutory instrument entitled ‘The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019’ seeks to deal with the UK’s post-exit position in respect of EU (Part 1) extradition proceedings, which are currently reliant on the EAW.
- In light of there being no superseding agreement with the EU, all EAW territories will, from exit day, lose their Part 1 designation, (Regulation 55), and be re-categorised as Part 2 Territories, (Regulation 56).
- EU extradition requests after 31st January 2020 will revert to the old system which is governed by the Council of Europe’s 1957 European Convention on Extradition.
How Can We Help? | Kangs Extradition Solicitors
If you require assistance in respect of extradition proceedings please do not hesitate to contact our Team through one of the following: