‘A Practical Guide to Extradition Law Post-Brexit’ by Myles Grandison, Kathryn Howarth, Daniel Sternberg, Benjamin Seifert, Émilie Pottle, Saoirse Townshend, Emily Wilsdon, Juliet Wells

Description

On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement (‘the TCA’), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020.

The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated.

In ‘A Practical Guide to Extradition Law Post-Brexit’, the members of Temple Garden Chambers’ extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 (‘the 2003 Act’) in this new era, highlighting areas of likely continuity and change. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes.

“This book is timely, and practitioners will find it of great use … it is well-researched, well-expressed, easy to follow and practical in its focus … I commend it to all lawyers in the field.”
– from the Foreword by the Right Honourable Sir Stephen Irwin

ABOUT THE AUTHORS

The Temple Garden Chambers extradition team bring an unrivalled wealth of experience prosecuting and defending extradition cases at all levels from the Magistrates’ Court to the Supreme Court and the CJEU. Members of the team are highly ranked in Chambers and Partners and the Legal 500. Drawing on complementary expertise in domestic public law and international criminal law, they are excellently placed to guide you through the UK’s extradition law and practice post-Brexit.

Editor

Myles Grandison specialises in public law with a particular focus on extradition; representing requested persons, judicial authorities and the National Crime Agency. Myles also advises on issues such as prisoner transfer, freezing of assets across jurisdictions and mutual legal assistance. He is ranked in Band 1 of the Chambers and Partners Guide to the Bar 2020, with sources stating that he is “A very sound and cerebral extradition lawyer who can think of points that others don’t.” and “He is brilliant on technical points and is a very persistent advocate”.

Contributors

Kathryn Howarth practises in both public law and public international law. She has developed her expertise in extradition over the last decade and has been instructed in numerous leading cases. Kathryn is an experienced practitioner, who was been instructed in cases at all levels, including before the Supreme Court and in The Hague. She is described in the Legal 500 as combining “intellectual strength with an imperturbable, yet reassuring, court manner”.

Daniel Sternberg is a specialist extradition, immigration and public law practitioner and a Deputy District Judge (Magistrates’ Courts). He is ranked in Band 1 as a leading junior in the field of extradition by Chambers and Partners.

Benjamin Seifert practises in extradition and public law. He appears at Westminster Magistrates’ Court, the High Court and in the Supreme Court in extradition cases representing both requesting states and requested persons. His practice also includes inquests, inquiries and immigration law. Chambers and Partners 2021 describes him as “an excellent advocate who is always thoroughly prepared” and “He goes the extra mile and argues his points very well”.

Émilie Pottle is an extradition, public and international law specialist. She is recommended in the directories across multiple practice areas and has appeared before the Supreme Court, Court of Appeal and Divisional Court. She represents UK and foreign government departments, individuals and NGOs. She is ranked in the Chambers and Partners Guide to the Bar 2020, with sources stating that she is “a smart and able up-and-coming barrister who is frequently instructed in cases concerning European Arrest Warrants”. She also has expertise in cases concerning international criminal law.

Saoirse Townshend has a dynamic court and advisory practice specialising in extradition and public law. Saoirse is instructed alone and is led in complex and novel points of law before the Supreme Court and the Divisional Court. She represents requested persons and requesting states in extradition proceedings; as well as interested parties in inquests concerning deaths in custody, and is instructed on prison law matters. She is currently instructed as first junior counsel to the Brook House Inquiry.

Emily Wilsdon practises in public and private law. She has particular expertise in inquests and inquiries, public law (including unlawful detention claims, human rights, immigration and asylum, trafficking, and national security) and extradition.

Juliet Wells qualified in October 2018 and is building a busy practice in extradition and public international law. She represents requested persons in extradition proceedings before Westminster Magistrates’ Court and the High Court, both led and as sole counsel. She regularly handles cases well beyond her level of call, and recently acted in both of the lead cases on the validity of French and German EAWs.

CONTENTS

Introduction

Chapter One – The Initial Hearing
-Arrest under certified request/warrant
-Provisional arrest
-Requirements at the Initial Hearing
-Consent to extradition
-Case management
-Bail
-Outstanding domestic proceedings/sentence
-Competing requests
-Legal aid

Chapter Two – The Extradition Hearing
-District Judge’s powers
-Initial stages of the Extradition Hearing
-Sufficiency of particulars
-Identity (Part 2)
-Whether the warrant was issued by a Judicial Authority (Part 1)
-Extradition offence
-Prima facie case (selected Part 2 countries)
-Receivable evidence
-Disclosure
-Asylum claims
-Procedure at the Extradition Hearing
-Sending a case to the SSHD (Part 2)
-Bail pending prosecution appeal
-Costs

Chapter Three – Bars to Extradition
-Double Jeopardy
-Absence of prosecution decision
-Extraneous Considerations
-Passage of time
-Age
-Hostage Taking considerations
-Specialty
-Earlier extradition to the United Kingdom
-Forum
-Convictions in absentia
-Section 21 – Person unlawfully at large: human rights
-Section 21A, Person not convicted: human rights and proportionality
-Section 21B requests
-Physical or Mental condition
-Abuse of Process

Chapter Four – Human Rights
-Introduction
-Article 2 ECHR
-Article 3 ECHR
-Article 5 ECHR
-Article 6 ECHR
-Article 8 ECHR

Chapter Five – The Secretary of State’s Role
-Certification
-Death penalty
-Specialty
-Earlier extradition to the United Kingdom
-Deferral of extradition
-Competing claims
-Time limits

Chapter Six – Appeals
-Appeals by Requested Persons
-Appeals by Requesting States
-New issues and fresh evidence on appeal
-Practical matters
-Appeal to the Supreme Court
-Appeal to the ECtHR
-Challenges outside the statutory appeals scheme
-After extradition is ordered