European Arrest Warrant [Archived]
Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters
European Arrest Warrant [Archived]

The following Corporate Crime practice note produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters provides comprehensive and up to date legal information covering:

  • European Arrest Warrant [Archived]
  • The impact of Brexit on the European Arrest Warrant (EAW)
  • European Arrest Warrant, how and why?
  • Arrest of a requested person under the EAW regime
  • Safeguards on arrest
  • Accusation cases
  • Conviction cases
  • Validity of conviction vs accusation warrants
  • Initial hearing
  • Does the warrant have sufficient particulars or is it materially misleading?
  • More...

ARCHIVED: 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end. From IP completion day, the UK cannot actively participate in the European Arrest Warrant (EAW) because EAWs are only available to Member States. Instead an agreement for fast-track extradition arrangements, based on the EU's Surrender Agreement with Norway and Iceland, was reached under Part 3, Title VII, of the EU-UK Trade and Cooperation Agreement (TCA) signed on 30 December 2020. For further information, see Practice Note: What does IP completion day mean for corporate crime?—Extradition.

The impact of Brexit on the European Arrest Warrant (EAW)

While the UK formally left the EU on Exit day (31 January 2020), this was subject to transitional arrangements. The UK could continue to utilise European Arrest Warrants (EAWs) throughout the implementation period.

That said, the situation was not exactly status quo ante—Article 185 of the Withdrawal Agreement expressly permitted declarations to be made by those Member States who, due to national law, could not surrender their nationals to a non-Member State. Germany, Austria and Slovenia made such declarations which were published in the Official Journal on 31 January 2020. This enabled them to refuse to execute EAW requests

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