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Extradition Update 2023

Speaker: Fred Mackintosh KC
Chambers: Great James Street Chambers

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.

Key words/topics:

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 [2008] 2 W.L.R. 673., paras 79-93 and Cleveland v USA [2019] 1 WLR 4392
Miraszewski v District Court in Torun, Poland (DC) [2015] 1 W.L.R. 3929
Conviction Warrants and Accusation Warrants
Badea v Romanian Judicial Authority,[20220 EWHC 1025 Admin; [2022] Q.B. 828; [2022] 3 WLR 536
Banica v Pogoanele District Court, Romania [2023] EWHC 405 (Admin)
Article 597
H (H) v Deputy Prosecutor of the Italian Republic, Genoa [2013] 1 AC 338 and Polish Judicial Authority v Celinski [2016] 1 WLR 551
EDL v Italy ECLI/EU/C/2023/295
South Africa v Dewani [2012] EWHC 842 Admin; 2013 1 WLR 82
Kakis v Government of the Republic of Cyprus [1978] 1 WLR 799,per Lord Diplock
Lipton v BA City Flyer [2021] EWCA Civ 454
European Union (Withdrawal) Act 2018
Aranyosi and Caldararu [2016] 3 WLR 807
Aranyosi and Caldararu [2016] 3 WLR 807
Marinescu and others v Romania [2022] EWHC 2317 (Admin)
Aione and Balaj v Lord Advocate (20 October 2023)
R (AAA) v The Secretary of State for the Home Department [2022] EWHC 3230 Admin
Cretu v Local Court of Suceava, Romania [2016] 1 WLR 3344
Merticariu v Judecatoria Arad, Romania [2022] EWHC 1507 (Admin)