Background facts The appellant Requesting State (‘RS’) appealed against the decision of the District Judge (‘DJ’) to order the Requested Person’s (‘RP’) discharge under section 20(7) of the Extradition Act 2003. The RP was sought pursuant to a conviction European Arrest Warrant (‘EAW’) for two offences of trafficking vulnerable women for prostitution for which […]
On 12 May 2021, the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) handed down judgment in the case of WS v Bundesrepublik Case C-505/19. The Court was required to interpret the application of the principle of ne bis in idem, or double jeopardy, as contained in Article 54 […]
On Friday 30 April 2021, the Supreme Court handed down judgment in the case of Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14. In a unanimous decision, the five-person court upheld the Divisional Court’s decision to dismiss the appellant’s appeal against an order for his extradition to Hungary but held that its […]
In a letter sent to the EU Security and Justice Sub-Committee of the House of Lords earlier this month, the Home Office confirmed that ten EU States will opt-in to the nationality exception in Title VII of Part 3 of the Trade and Cooperation Agreement 2020 (“the TCA”), which makes provision for post-Brexit surrender […]
On Friday 26 March, the European Union Security and Justice Sub-Committee (“the Committee”) published its report Beyond Brexit: policing, law enforcement and security, which examines the impact of the provisions in the Trade and Cooperation Agreement 2020 (“TCA”) on the UK’s policing and law enforcement capabilities. Over the past three months, the Committee has […]
Speaking on Monday 15 March 2021 at the 9th Annual European Compliance & Ethics Institute Conference, SFO Director Lisa Osofsky downplayed the challenges facing the SFO in the coming year. In particular, the Director appeared unfazed by February’s Supreme Court decision in R (on the application of KBR, Inc) v SFO [2021] UKSC 2, […]
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 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 […]
The House of Lords EU Security and Justice Sub-Committee, sitting remotely on Tuesday 26 January 2021, heard evidence from three current and former law enforcement officials. Vice Admiral Sir Charles Montgomery KBE, former Director General of UK Border Force, Steve Rodhouse, Director General (Operations) at the NCA and Assistant Chief Constable Peter Ayling of the […]
The Divisional Court handed down judgment on 20 January 2020, rejecting the first challenge to the continued application of the European Arrest Warrant (“EAW”) regime to cases commenced pre-Brexit. The challenge was made by way of applications for writs of habeas corpus, submitted on behalf of five requested persons who had been arrested pursuant to […]
Jasvinder Nakhwal
Partner
jnakhwal@petersandpeters.com
Tel: +44 (0) 20 7822 7753
Nick Vamos
Partner
nvamos@petersandpeters.com
Tel: +44 (0) 20 7822 7776
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