Extradition (Provisional Arrest) Act 2020 receives Royal Assent

On 22 October 2020, the Extradition (Provisional Arrest) Act received Royal Assent and partly entered into force. The Act introduces a new power of arrest without the need for a domestic warrant of persons sought for extradition in connection with serious offending where the request comes from a specified country. The NCA will be responsible for certifying requests made under these provisions and will only certify requests made in respect of serious offences.

The countries specified must have procedural safeguards similar to the UK and in which the UK has a high level of confidence.  The Act contains provision, by way of regulations, for the extension of the right to make a request to other countries. Should the UK, as appears certain, lose access to the European Arrest Warrant at the end of the implementation period on 1 January 2020, the Secretary of State may, on a date to be appointed, specify that EU Member States should be included in the list of countries from which a request under this Act may be considered.