Tag: Brexit

1st Jul 2021

CASE SUMMARY: Spirache v Romania [2021] EWHC 1778 (Admin)

  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 […]

6th May 2021

What does the Supreme Court’s judgment on assurances in Zabolotnyi mean for mutual trust and recognition in a post-EAW world?

  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 […]

31st Mar 2021

Home Office confirms ten EU countries will not extradite nationals to UK

  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 […]

30th Mar 2021

Lords’ European Union Security and Justice Sub-Committee publishes report on post-Brexit security and law enforcement

  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 […]

18th Mar 2021

SFO Director downplays impact of KBR, Inc and Brexit

  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, […]

2nd Mar 2021

Government publishes updated extradition guidance

  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 […]

11th Feb 2021

Home Affairs Committee evidence session: UK-EU security and co-operation

  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 […]

22nd Jan 2021

Court rejects challenge to application of EAW regime post-Brexit

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
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jnakhwal@petersandpeters.com
Tel: +44 (0) 20 7822 7753

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nvamos@petersandpeters.com
Tel: +44 (0) 20 7822 7776

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