Withdrawal Agreement European Arrest Warrant

Reassuringly, some parts of the SFIVET are theoretically addressing the inefficiencies that may result from the UK`s withdrawal from SFIVET. However, there is no doubt that, whatever form a future extradition agreement between the UK and the EU, it is unlikely that the UK will reap the benefits offered by the regime is. Any agreement may include a clause allowing the parties to refuse the extradition of its nationals. In practice, this will bring with it many challenges for law enforcement agencies. In fact, it can cause individuals involved in crimes related in any way in the UK to escape prosecution in the UK because the countries in which they reside refuse to extradite them or do not recognise the behaviour as criminal. Similarly, the increased workload and additional logistical challenges that will likely result from new regulations will place an increasing burden on law enforcement agencies, which are already heavily overburdened. Unfortunately, the Withdrawal Agreement puts this issue with the Irish border in the pile of things to do and lets the status quo more or less slip away. Article 62(c) of the Agreement provides that the EIC system shall continue to apply during the transitional period `if the person sought is arrested before the end of the transitional period for the purpose of executing a European arrest warrant`. In addition to the grounds for non-execution of a European arrest warrant set out in Framework Decision 2002/584/JHA, the executing judicial authorities of that Member State may refuse to surrender their nationals to the United Kingdom on the basis of a European arrest warrant. “The government only has six months to go before our existing safeguards expire, but the committee was informed that it could take up to 18 months to ratify a new security treaty, and perhaps much longer for new extradition agreements to replace the European arrest warrant. Mutual recognition means that the authorities of one Member State can arrest a person and `hand him over` to another Member State. They shall do so on the basis of a request from a judicial authority of the other Member State. The process will conclude with a minimal review of the basis of this request.

In November 2019, a “capitulation agreement” between the EU, Norway and Iceland (non-EU countries, but within the Schengen area) entered into force. It reflects EED in many ways and is the first extradition agreement with a non-EU country to do so. However, it contains a similar exception for the extradition of nationals of a country as in the AO. Norway, Iceland and the EU accepted these arrangements in principle for the first time in 2006, but it took a long time for all States concerned to complete the necessary legal formalities. The European Arrest Warrant (“EES”) is a simplified cross-border judicial surrender procedure for the purpose of prosecuting or enforcing a custodial sentence or a deprivation of liberty order. An arrest warrant issued by the judicial authority of an EU country is valid throughout the territory of the EU. In a document outlining the UK`s approach to negotiations with the EU, the government said: “The agreement should instead provide for accelerated extradition agreements based on the EU`s transfer agreement with Norway and Iceland, which entered into force in 2019, but with appropriate additional safeguards for individuals beyond those contained in the European Arrest Warrant.” When applying the EES, the authorities must respect the procedural rights of suspects or persons to be prosecuted, such as the right to information, to a lawyer and an interpreter, as well as to legal aid, as required by law in the country where they are arrested. If no new agreement is reached, the UK will make use of the previous agreements.

These are contained in a 1957 Council of Europe Extradition Convention. This requires changes in national legislation. The United Kingdom will also need other Member States to make equivalent amendments, as some laws which have given effect to the Convention since the repeal of the EIC have been repealed. .

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