On 24 February 2021, the Home Office published updated guidance on ‘extradition: processes and review’. The guidance reflects the changes to extradition procedure under Part 1 of the Extradition Act 2003, as brought about by the UK-EU Trade and Cooperation Agreement 2020 (‘TCA’), and the new power of provisional arrest without a warrant in […]
The Advocate General at the Court of Justice of the European Union (CJEU), Jean Richard de la Tour, on 11 February, published a non-binding opinion on the compatibility of Bulgarian European Arrest Warrants with EU law. In AG de la Tour’s opinion, the procedure for issuing and challenging Bulgarian European Arrest Warrants (EAWs) in […]
The International Legal Assistance Chamber of the Amsterdam District Court has refused to order the extradition of a 33 year old Polish national to Poland on drug trafficking charges on the grounds that, if extradited, there is a real risk that he will not receive a fair trial. The court cited its own earlier […]
The Home Affairs Select Committee heard evidence on 10 February 2021, from Sir Julian King, the former European Commissioner for Security Union, and Sir Rob Wainwright, the former Executive Director of Europol. The witnesses responded to questions on the future of UK-EU security co-operation. First impressions of the TCA Both witnesses agreed that the […]
On Tuesday 9 February 2021, a spokesman for the US Department of Justice confirmed that it intended to appeal against the decision of a UK court ordering the discharge of Julian Assange in extradition proceedings brought by the US. Mr Assange is requested by the US to stand trial on 18 counts relating to the […]
Last Friday, in R (on the application of KBR) v SFO [2021] UKSC 2, the Supreme Court unanimously reversed the decision of the Divisional Court and held that the SFO has no power, under section 2(3) of the Criminal Justice Act 1987 (‘the 1987 Act’), to compel foreign companies to produce documents located outside the […]
Senior District Judge Emma Arbuthnot, the Chief Magistrate, sitting at Westminster Magistrates’ Court on 28 January 2021, rejected the arguments put forward by Arif Naqvi’s legal team against his extradition and ordered the case to be sent to the Secretary of State for a decision as to whether he should be extradited. Mr Naqvi, the […]
A Vietnamese man, arrested in December 2020 on an EAW issued by a Brussels court, was brought before Westminster Magistrates’ Court this month to commence extradition proceedings against him. Hung Sy Truong, also known as Mr Tai, is wanted in connection with the transport of Vietnamese migrants from a safe house in Brussels to Bierne […]
Monday 25 January 2021 marks the start of the 115th Session of the Commission for the Control of INTERPOL’s Files (‘CCF’). The CCF, INTERPOL’s supervisory body, meets every three months or so and its role is twofold. First, the Supervisory and Advisory Chamber is responsible for ensuring data processing carried out by INTERPOL is done […]
On 15 January 2021, the High Court heard the first challenge to the validity of European Arrest Warrants (“EAW”) received by UK authorities before the end of the transition period on 31 December 2020. The applications for writs of habeas corpus submitted to the court on behalf of five requested persons fall into three categories […]
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