Extraditions between the UK and Ireland may become harder after Brexit

This week, Ireland published a Brexit Bill which relates to extraditions between the UK and Ireland after 29 March 2019, if the UK does not negotiate a deal whereby it remains part of the European Arrest Warrant (“EAW”) system.

The Irish Brexit Bill will allow for the extradition of Irish citizens to another State, such as the UK, which in turn, could extradite their citizens to Ireland for trial. This system will closely mirror the system that was in place before the EAW system was introduced, whereby the UK and Ireland ordered extraditions under a bilateral agreement.

However, there are concerns that the system outlined in the Brexit Bill will be cumbersome and less efficient than the EAW system due to lack of familiarity and case law, leading to additional legal and practical challenges.