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Government announces Lasting Power of Attorney “revamp”
Lucy Bluck
On 9th December 2019 Chief Magistrate Emma Arbuthnot gave her judgment in the cases of Olga Egorova, Dmitry Smychkovsky, Ion Tsurcan and Fryodor Kindrachuk. The Russian Federation had issued separate requests for the extradition of these four requested persons who stand accused of various unrelated offences.
While the agreement between the European Union and Norway and Iceland took some 13 years to negotiate and come into force, the UK Government appears to have managed to act much more efficiently. On 10 March 2020, The Secretary of State made Statutory Instrument No. 265 of 2020 titled “The Extradition Act 2003 Amendment to Designations) Order 2020”.
Following on from a reference in the Queen’s Speech last year – the Government has introduced the Extradition (Provisional) Arrest Bill. This Bill amends Part 2 of the Extradition Act 2003 (“the 2003 Act”) to create a new power of arrest without a domestic warrant for extradition purposes where a person has been requested by one of 6 “trusted” countries for a serious offence.
Extradition lawyers have, for the past three and a half years, been baffled by their very own Brexit
conundrum. How is it that the Conservatives, historically the party of law and order, could (broadly)
support leaving the EU when, since 2003, the European Arrest Warrant (EAW) scheme has led to
the removal of thousands of suspected or convicted offenders from these shores?
Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border crime.
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