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The new UK-EU extradition arrangements.

Arnell, Paul; Davies, Gemma

Authors

Paul Arnell

Gemma Davies



Abstract

Extradition requests to Scotland under the European Arrest Warrant (EAW) have ended. Existing from 1 January 2004 to 31 December 2020 the EAW transformed aspects of Scottish and UK extradition practice. In its stead is a new set of rules applying between the UK and the EU 27 to persons arrested after 31 December. Those new rules are set out in Title VII of Part III of the Trade and Cooperation Agreement (TCA), concluded on 24 December 2020. Notably, the terms of the TCA are such that relatively few amendments to the applicable UK law, the Extradition Act 2003 (2003 Act), were necessary. The minimum punishment requirements and the statutory bars to extradition remain unchanged. This is not to suggest that there not several significant changes to the terms of extradition between the UK and the EU 27. There are.

Citation

ARNELL, P. and DAVIES, G. 2021. The new UK-EU extradition arrangements. Scots law times [online], 6, pages 21-23. Available from: http://westlaw.co.uk

Journal Article Type Article
Acceptance Date Feb 12, 2021
Online Publication Date Feb 19, 2021
Publication Date Feb 19, 2021
Deposit Date Feb 15, 2021
Publicly Available Date Feb 20, 2022
Journal Scots law times
Print ISSN 0036-908X
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Issue 6
Pages 21-23
Keywords Arrest warrants; Brexit; Dual criminality; Extradition hearings; Human rights; Proportionality
Public URL https://rgu-repository.worktribe.com/output/1205579
Publisher URL http://westlaw.co.uk

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