A Practical Guide to Extradition Law Post-Brexit

Book excerpt: On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement ('the TCA'), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020. The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated. In 'A Practical Guide to Extradition Law Post-Brexit', the members of Temple Garden Chambers' extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 ('the 2003 Act') in this new era, highlighting areas of likely continuity and change. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes. "This book is timely, and practitioners will find it of great use ... it is well-researched, well-expressed, easy to follow and practical in its focus ... I commend it to all lawyers in the field." - from the Foreword by the Right Honourable Sir Stephen Irwin Editor Myles Grandison specialises in public law with a particular focus on extradition; representing requested persons, judicial authorities and the National Crime Agency. Myles also advises on issues such as prisoner transfer, freezing of assets across jurisdictions and mutual legal assistance. Contributors Kathryn Howarth practises in both public law and public international law. She has developed her expertise in extradition over the last decade and has been instructed in numerous leading cases. Daniel Sternberg is a specialist extradition, immigration and public law practitioner and a Deputy District Judge (Magistrates' Courts). He is ranked in Band 1 as a leading junior in the field of extradition by Chambers and Partners. Benjamin Seifert practises in extradition and public law. He appears at Westminster Magistrates' Court, the High Court and in the Supreme Court in extradition cases representing both requesting states and requested persons. His practice also includes inquests, inquiries and immigration law. Émilie Pottle is an extradition, public and international law specialist. She is recommended in the directories across multiple practice areas and has appeared before the Supreme Court, Court of Appeal and Divisional Court. Saoirse Townshend has a dynamic court and advisory practice specialising in extradition and public law. Saoirse is instructed alone and is led in complex and novel points of law before the Supreme Court and the Divisional Court. Emily Wilsdon practises in public and private law. She has particular expertise in inquests and inquiries, public law (including unlawful detention claims, human rights, immigration and asylum, trafficking, and national security) and extradition. Juliet Wells qualified in October 2018 and is building a busy practice in extradition and public international law. She represents requested persons in extradition proceedings before Westminster Magistrates' Court and the High Court, both led and as sole counsel.