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Extradition (Provisional Arrest) Act 2020 – Bill receives Royal Assent
Áine Kervick
On 31 December 2020 the Transition Period ended. The UK-EU Trade and Cooperation Agreement (the TCA) was agreed at the final hour on 24 December 2020 with Part III of the TCA dealing with law enforcement and judicial cooperation. Provisions of Part III are incorporated into the Extradition Act 2003 by the European Union (Future Relationship) Act 2020 (EUFRA) and are, for the most part, consistent with the system that operated under the EAW scheme with some notable differences.
The incorporation of the surrender provisions of the TCA by way of EUFRA into the Extradition Act 2003 offers some clarity to practitioners as to the process to be followed and is certainly preferable to a no deal scenario but it is too early to see what the practical impact of the changes will be. We expect interesting legal challenges at each stage of extradition proceedings under the new arrangements as practitioners, the courts and criminal justice agencies grapple with the changed regime.
For further information on the issues raised in this blog post, please contact a member of our criminal litigation team.
Áine Kervick is a Associate in our Criminal Litigation team. She has a particular interest in the international dimension of criminal cases and advises individuals in respect of extradition requests and INTERPOL Red Notices. She is also experienced in acting for individuals in internal investigations with a focus on legal professional privilege in criminal investigations and has written a number of articles on the subject.
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Read Blog PostWe welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Áine Kervick
Áine Kervick
Alun Milford
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