Peters & Peters

Post-Brexit security : An eleventh-hour reprieve? Nick Vamos and Katie Jones discuss in The New Law Journal

The UK-EU Trade and Cooperation Agreement (TCA), agreed between the parties on Christmas Eve and implemented in UK domestic law on 31 December 2020 by the European Union (Future Relationship) Act 2020, provides a new framework for extradition post-Brexit. Title VII of Part 3 of the TCA, entitled ‘Surrender’, sets out the principles and procedure to be applied going forward. The avoidance of ‘no deal’ has allowed 27 EU member states to retain designation as Part 1 territories for the purposes of the Extradition Act 2003 (EA 2003), and the marked similarities between the new arrangements and the European arrest warrant (EAW) scheme necessitated only minor amendment to EA 2003. Whilst the government’s desire for as smooth a transition as possible between the old and new regimes can be inferred from these similarities and the transitional provisions, ​the new regime contains notable differences from its predecessor, and we have already seen the first of what could be many challenges to the new arrangements in the courts this year. Read more