The following Corporate Crime practice note produced in partnership with Ben Cooper and Kate O’Raghallaigh of Doughty Street Chambers provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks 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 come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Notes: Brexit—introduction to the Withdrawal Agreement, Extradition post-Brexit and The impact of Brexit on the European Arrest Warrant (EAW).
Together, rules 1.1 and 50.2 of the Criminal Procedure Rules 2020 (CrimPR), SI 2020/759 require the court, when dealing with extradition cases including appeals, to take into account:
mutual confidence and recognition between judicial authorities in the UK and in requesting territories, and
the conduct of extradition proceedings in accordance with international obligations, including obligations to deal swiftly with extradition requests
For more information, see News Analysis: Examining changes
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