Four barristers from 5SAH chambers appeared in the recent Extradition case before the High Court dealing with the European Arrest Warrant ('EAW') post-Brexit. David Josse QC, Ben Keith, David Williams and John Crawford argued the case before the President of the Queen’s Bench Division. The application for Habeas Corpus was dismissed and the court dealt with the issue of how EAW cases are to be dealt with after 1 January 2021. They were instructed by Birds, McMillan Williams, Rahman Ravelli and Tuckers solicitors.
In summary, there are now three categories of cases involving extradition to EU countries:
1. Where the EAW was in existence and the individual had been arrested on or before 31 December 2020. The case clarifies that the Court of Justice European Union no longer has jurisdiction over such matters notwithstanding that the European Framework Decision will continue as before to govern such matters.
2. Where the EAW had been obtained on or before 31 December 2020, but where the individual had not been arrested until 2021. Here the EAW is valid but the procedure to be adopted is that set out in the Trade & Co-operation Agreement and not in the Framework Decision.
3. Where no EAW is in existence. In such cases, there is a new procedure for obtaining such warrants as set in the Trade & Co-operation Agreement. The new procedure will, of course, apply to these cases as well.
There will therefore be parallel systems of extradition running for the same jurisdictions for some years to come. It will be interesting to see if all EU countries agree with the approach of the UK.
To read the judgment in full, click here