Fred Mackintosh KC specialises in criminal, extradition and public law. He regularly appears in complex cases before the High Court of Justiciary Appeal Court and the Sheriff Appeal Court in addition to a busy and varied public law practice. In 2022 Fred extended his extradition practice to England and Wales where he also practices at Great James Street in London.
Here Fred gives an update on the mechanics of extradition law, describing the impact of changes brought about via Brexit. He clearly illustrates the ways in which the law operated before Brexit, how they are now working, and he also describes some likely outcomes for the future (for example, if the CJEU innovates). He refers to a wealth of case law where relevant.
Post-Brexit Proportionality Assurances Right to a retrial Identity in extradition cases Law Enforcement and Security (Separation Issues etc) (EU Exit) Regulations 2020 European Union (Future Relationship) Act 2020 Trade and Co-operation Agreement Warrant system Dual Criminality Norris v Government of the United States of America  2 W.L.R. 673., paras 79-93 and Cleveland v USA  1 WLR 4392 Miraszewski v District Court in Torun, Poland (DC)  1 W.L.R. 3929 Conviction Warrants and Accusation Warrants Badea v Romanian Judicial Authority,[20220 EWHC 1025 Admin;  Q.B. 828;  3 WLR 536 Banica v Pogoanele District Court, Romania  EWHC 405 (Admin) Article 597 H (H) v Deputy Prosecutor of the Italian Republic, Genoa  1 AC 338 and Polish Judicial Authority v Celinski  1 WLR 551 EDL v Italy ECLI/EU/C/2023/295 South Africa v Dewani  EWHC 842 Admin; 2013 1 WLR 82 Kakis v Government of the Republic of Cyprus  1 WLR 799,per Lord Diplock Lipton v BA City Flyer  EWCA Civ 454 European Union (Withdrawal) Act 2018 Aranyosi and Caldararu  3 WLR 807 Aranyosi and Caldararu  3 WLR 807 Marinescu and others v Romania  EWHC 2317 (Admin) Aione and Balaj v Lord Advocate (20 October 2023) R (AAA) v The Secretary of State for the Home Department  EWHC 3230 Admin Cretu v Local Court of Suceava, Romania  1 WLR 3344 Merticariu v Judecatoria Arad, Romania  EWHC 1507 (Admin)