FREE ELECTRONIC LIBRARY - Theses, dissertations, documentation

Pages:     | 1 ||

«This series of briefing papers explores issues arising for consideration in domestic criminal law and practice as the Government embarks on ...»

-- [ Page 2 ] --

The numbers of extradition requests and length of proceedings may change.

The introduction of the EAW system had a significant impact on the increase in extradition requests processed by the UK courts. In 2002 the total number of persons surrendered was 52, of which 39 were to EU Member States (or states that are now EU Member States).6 By the year 2013-2014 the number of surrenders to EU Member States had risen to 1067, and the number of surrenders to non-EU states had risen less markedly to 31.7 While extradition to non-EAW countries takes an average of 10 months to complete, extradition under the EAW system takes an average of three months to complete.8 It is therefore likely that a move to a non-EAW extradition arrangement will result in extradition to and from the EU taking longer than it does under the present system.

Impact on domestic law In terms of domestic law, Option 2 is the most straightforward. It would require the repeal of Part 1 of the 2003 Act, and the re-designation of the 27 EU Member States as category 2 territories with the result that Part 2 of the 2003 Act would apply to them.9


It is open to the UK to negotiate separate bi-lateral extradition agreements with individual EU states. The UK Government may not be attracted to renegotiating its individual extradition relationships with all 27 EU states, not least because they have each ratified the ECE, and extradition forms only one small part of the complex legal arrangements that will fall to be renegotiated as part of the Article 50 process.

There are however some states with which the UK has an especially close relationship (such as Ireland), or from which it receives particularly high numbers of extradition requests (such as Poland), with which the UK may choose to negotiate a bespoke arrangement. For example, prior to the 2003 Act, England and Ireland operated a system of ‘backing of warrants’ (not wholly dissimilar to the expedited surrender procedure under the EAW system) which was governed not by Treaty but by reciprocal primary legislation in both countries. Importantly, Article 28(2) of the ECE specifically allows state parties to enter into supplementary bi-lateral arrangements. This could mean that, in due course, the UK enters into simpler Freedom of Information Response, 11 June 2007, Extradition requests from foreign countries, placed in the Library of the House following a written answer from Joan Ryan to Mike Hancock on 2 May 2007 (Official report: Column 1679W).

7 nd

House of Lords, Select Committee on Extradition law, 2 Report of Session 2014-2015, Extradition:

UK law and practice, Oral and Written Evidence, Post-Legislative Assessment of the Extradition Act 2003, submission by the Home Office (EXL0001), Annex B.

See House of Commons Home Affairs Committee, Pre-Lisbon Treaty EU police and criminal justice measures: the UK’s opt-in decision, dated 31 October 2013, at paragraph 8.

Separate arrangements would be needed for Gibraltar.

arrangements with some countries but introduces further safeguards in relation to others.

Impact on domestic law The nature and extent of the changes to domestic law required by any bi-lateral extradition treaties, or other arrangements negotiated with individual EU Member States, will depend on the nature of those arrangements. All that can confidently be predicted at this stage is that some amendment to the 2003 Act would be necessary were this to occur.


Transitional arrangements. The transitional provisions arising from the post-Brexit extradition arrangements with the EU are likely to be complex, although much will depend on the precise nature of the political settlement. There has already been media speculation as to what will become of extant EAWs that have not yet been executed, such as that in the high profile case of Julian Assange. However, unless specific provision is made for existing EAWs, the effect of s.16 of the Interpretation Act 1978 would appear to be that they would continue to be enforceable.

Schengen II. The second generation Schengen Information System (‘Schengen II’) is a state-of-the-art IT system used by EU Member States and members of the Schengen acquis to share information for law enforcement, immigration and border control purposes. In the extradition context, SIS II is used for the transmission of EAWs. When introduced into the UK in 2015, the Government stated that it gave the UK access to 37,000 EAWs and 43,000 national and public security alerts.10 At this stage it is unclear whether or not the UK will retain access to SIS II. Even if it does, unless the UK has negotiated an EAW style extradition arrangement with the EU the likely result of either no longer being part of the EAW system and/or no longer having access to SIS II will be a significant reduction in the number of European extradition requests received by the UK.


Until the Article 50 process is completed, there is unlikely to be any change to the UK’s extradition arrangements with the EU Member States. What happens thereafter will depend on the outcome of those negotiations. If no new arrangements have been agreed during this period, it is likely that our extradition arrangements will be governed by the ECE and EU Member States will be re-designated as Part 2 territories under the 2003 Act.

Explanatory Memorandum (unnumbered), 13 February 2015, Council Implementing Decision on the putting into effect the provisions of the Schengen Acquis on data protection and on the provisional putting into effect of parts fo the provisions of the Schengen Acquis on the Schengen Information System for the United Kingdom of Great Britain and Northern Ireland.

In the longer term the UK may choose to enter into an EAW style system similar to the agreement reached with Iceland and Norway, or negotiate specific arrangements with individual EU Member States. All that can be said with certainty is that the future is unclear.

Members of 6KBW College Hill edit the leading textbooks ‘EU Law in Criminal Practice’ (Oxford University Press), and ‘The Extradition and Mutual Legal Assistance Handbook’ (Oxford University Press). Please contact Andrew Barnes (andrew.barnes@6kbw.com) if you would like further information about our work on extradition, EU matters or otherwise.

Pages:     | 1 ||

Similar works:

«Legal Consciousness: Some Observations Dave Cowann This article argues that US studies of ‘legal consciousness’ have much to o¡er UK socio-legal studies. It is, perhaps, surprising that so little attention has been paid to this set of understandings. I seek to rectify that imbalance in the transatlantic relationship by outlining legal consciousness and its critiques. I then draw on homelessness applicant interview data to discuss their ‘legal consciousness’, illustrating the importance...»

«Retrofit Audits and Cost Estimates: A Look at Quality and Consistency L. Eisenberg, C. Shapiro, and W. Fleischer Consortium for Advanced Residential Buildings October 2012 NOTICE This report was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor any agency thereof, nor any of their employees, subcontractors, or affiliated partners makes any warranty, express or implied, or assumes any legal liability or responsibility...»

«SAME-SEX LOVE AND INDIAN PENAL CODE § 377:AN IMPORTANT HUMAN RIGHTS ISSUE FOR INDIA Robert Wintemute* The paper discusses the relatively new phenomena of “sexual orientation” and “gender identity”, the reasons why criminalisation of samesex sexual activity by IPC §377 is an important human rights issue for India, the roots of §377 in Christian religious law, and the repeal of its equivalent in English criminal law. It then examines the trends in international and comparative human...»

«DEVELOPMENT OF A VALUE-ADDED, REMOTELY SENSED PRODUCT FOR COMMERCIAL DISTRIBUTION* John M. Lomas Kevin P. Price Edward A. Martinko Stephen L. Egbert Dietrich L. Kastens Kansas Applied Remote Sensing Program University of Kansas 2291 Irving Hill Drive, Lawrence KS 66045 USA Alexander J. Tuyahov Earth Science Applications Research Program NASA Headquarters, Code YO 300 E Street, S.W. Washington, DC 20456 USA ABSTRACT Applications developed from remotely sensed data can provide natural and...»

«Hedge Funds and Private Equity Funds As Investment Vehicles By Bruce J. McNeil Bruce J. McNeil is a shareholder with the law firm of Littler Mendelson P.C. in Minneapolis, Minnesota, practicing in the employee benefits area. Mr. McNeil received a BA from Concordia College (1979), a JD from Drake University Law School (1982), an LLM from Georgetown University Law Center (1983), and an MA in English from Georgetown University (1987). He was formerly with the Employee Plans Technical and Actuarial...»

«Part C – Administering the poll Police and Crime Commissioner elections in England on 5 May 2016: guidance for Local Returning Officers Published December 2015 (last updated March 2016; updated in February 2016 to include chapters 2, 3 and 4) In this guidance we use ‘must’ when we refer to a specific legal requirement. We use ‘should’ for items we consider to be good practice, but which are not legal requirements. Translations and other formats For information on obtaining this...»

«RESPECTING CREATIVE WORK LESSON PLAN Copyrights and Wrongs Estimated time: 45 minutes Essential Question: How can I make responsible choices when I use other people’s creative work? Learning Overview and Objectives Overview: Students explore the legal and ethical dimensions of respecting creative work. First, they learn a basic foundation of legal principles and vocabulary related to copyright. They understand how such factors as the rules of copyright law, the values and intent of the...»

«Civil Practice and Procedure Donald Patrick Eckler and Quinn P. Donnelly Pretzel & Stouffer, Chartered, Chicago It Ain’t Over ’til It’s Over: Under Illinois Law Finality is Not So Final This malapropism is one of Yogi Berra’s best. While it is unlikely that he was referring to litigation when he uttered these words, their application is undeniable. This timeless quip is an appropriate response to clients inquiring about the final resolution of a dispute in Illinois where two statutes,...»

«Planning & Scheduling Excellence Guide (PASEG) Published Release v2.0 6/22/2012 National Defense Industrial Association (NDIA) Procurement Division Program Management Systems Committee (PMSC) Planning & Scheduling Excellence Guide (PASEG) – Copyright PASEG Copyright Statement © NDIA PMSC Planning and Scheduling Excellence Guide June 2012 Edition. This document may be reproduced and distributed, whether subsequently modified by other recipients or not, provided that this copyright notice is...»

«Los Angeles City Charter §245. Commission and Board Actions City Council Review. Actions of Commissions and Boards become final at the expiration of the next five meeting days of the City Council during which the Council has convened in Regular Session, unless City Council acts within that time by a two-thirds vote to bring the Commission or Board action before it for consideration and action. If the Council asserts jurisdiction, the Commission or Board will immediately transmit the action to...»

«You’d better be committed: legal norms and normativity (unfinished, draft version) SYLVIE DELACROIX Of course there are those for whom the mere sight of the title would require more commitment than they’re willing to give. ‘Normativity’ is an ugly word. It’s also come to be associated with a frustratingly nebulous concept. Some would rather make do without it, though none of the alternative words they suggest (‘obligation’ or ‘obligatory’ is the most frequent suggestion)...»

«November 2004 Form First The New Urbanist alternative to conventional zoning. By Peter Katz Just throw your existing zoning in the garbage. That’s what New Urbanist architect-planner Andres Duany exhorts audiences to do in his lectures about the decline of America’s suburbs. When I first heard Duany express this view in the early 1990s, I was taken aback, as, I’m sure, most planners were. It seemed outrageous to suggest that zoning, the body of law that controls development in 99 percent...»

<<  HOME   |    CONTACTS
2016 www.theses.xlibx.info - Theses, dissertations, documentation

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.