Over four years of negotiations later and the UK-US Bilateral Data Access Agreement (the Agreement) is expected to come into effect next month. The Agreement will enable law enforcement authorities on both sides of the Atlantic to obtain electronic data directly from communication service providers (CSPs) in the other country for the purposes of criminal investigations and prosecutions for serious crime.
Britain and the EU are unlikely to agree on an alternative to the European arrest warrant. Extradition arrangements between Britain and EU have been low on the list of post-Brexit negotiating priorities.
Yet recent developments in the Madeleine McCann case highlight what the UK stands to lose if no deal is struck on future criminal law enforcement co-operation — and how Brexit has already affected arrangements around the European arrest warrant.
On 14 May 2020 Metropolitan Police officers carried out two search and seizure warrants on behalf of Brazilian prosecutors investigating $5 million in alleged bribes paid to politicians in the state of Amapá in connection with a railroad contract.
The Supreme Court’s recent judgment addresses fundamental legal principles and underscores the UK’s longstanding opposition to the death penalty. It does not go as far as it might but it has brought us a great deal closer to protecting the absolute right to life and underscores the serious and extraordinary scrutiny which must be applied in all cases involving the provision of assistance where there is a risk of the imposition of the death penalty.