Rebecca's client's case was listed for extradition hearing relating to his 2020 arrest on an EAW. Rebecca intended to challenge these proceedings as an abuse on the basis that following the UK’s departure from the EU British Courts have been deprived of power to consider European Arrest Warrant executed during the transition period. However, the client was arrested at Court on a European Arrest Warrant issued in April 2020.
Pursuant to Article LAW.SURR.112 of the agreement EAWs issued, but not executed prior to 31st Dec 2020 are to be treated as 'arrest warrants' under the new scheme. Thus instead of raising the above argument, the hearing became the first extradition hearing under the post-Brexit 'Surrender Arrangements'.
Judgment was adjourned whilst submissions challenging the validity of the request are prepared. Further updates on the case to follow.
Rebecca was instructed by Talitha Purcell Gilpin at Birds Solicitors.
The hearing took place on 05.01.2021. The original news item dated 05.01.2021 has been updated by this post dated 06.01.2021, with the most up to date position.
Rebecca Hill is a highly experienced specialist in extradition and international crime who has worked at the forefront of this niche area for more than a decade. She regularly conducts cases of the utmost gravity including those involving allegations of murder, terrorism and multi-national fraud as well as those with the gravest consequences for their subjects. Rebecca is ranked in Chambers and Partners and The Legal 500 for her work in extradition and international crime.