Euorpean Arrest Warrants, what happens now?

It has finally been confirmed that the government will not be seeking to remain in any part of the European Arrest Warrant system but is seeking a “fast-track extradition arrangement” which it has been stated will provide “greater safeguards”.  The news has been greeted with a mixed response from “robbing our police of a vital crime-fighting tool” – Liberal Democrats to the Home Office comment “the UK will continue to be one of the safest countries in the world.”

During the transition period the UK will continue to accept many of the EU Member State’s rules until such time as the withdrawal agreement is finalised. The government would like to have an arrangement similar to the EU’s agreement with Norway and Iceland but with “appropriate further safeguards.  Such safeguards have not been defined save only the Home Office comment "The safety and security of our citizens is the government's top priority, which is why we have said the agreement with the EU should provide for fast-track extradition arrangements based on the EU's arrangements with Norway and Iceland. These arrangements would include greater safeguards than those within the European Arrest Warrant."

Unsurprisingly this has been met with a whole range of comments both unfavourable and favourable. The opposition political parties believe that the intention to move away from the European Arrest Warrant scheme will lead to disaster and will allow dangerous criminals to evade justice.  One of the immediate consequences of this decision is that Germany, Austria and Slovenia, all of which have constitutional bars preventing extraditing their citizens to a non-EU Member State, have stated that they cannot extradite people to the UK during the transition period as each country would have to alter their constitution in order to facilitate extradition to the UK. The Home Office response is that each country that has constitutional issues preventing extradition to a non-EU Member State is expected to prosecute individuals suspected of committing a crime and “take over” the trial or sentencing of the person concerned. The lawyers in Giambrone’s criminal team feel that this may be easier said than done.

So where does that leave a person who is subject to a European Arrest Warrant in the foreseeable future? According to the National Crime Agency (NCA) the UK received 17,256 European arrest warrants last year for suspects wanted by police elsewhere in the EU, including 619 people wanted for murder or manslaughter, 229 suspected rapists and 265 suspected paedophiles. No doubt there will be substantial numbers of UK citizens that the EU Member States also would like to extradite. The latest report from the NCA states “Criminals are not constrained by geographical or jurisdictional boundaries and are inherently opportunistic. We expect that many will strive to take advantage of the opportunities that Brexit might present, for example from the design and implementation of a new UK customs system or from increased challenges for EU and UK law enforcement in locating and extraditing international fugitives if the UK were to lose enforcement or intelligence sharing tools. However, some of the impacts of Brexit have the potential to work in favour of law enforcement, including greater discretion over the movement of goods and people.” 

So where does that leave a person who is subject to a European Arrest Warrant in the foreseeable future?  Extradition agreements are one of the oldest types of international agreement in the world and have been in place since 1259 BC. It would be very unwise to assume that such arrest warrants will not be acted upon in some way. It is highly unlikely that any European country will be inclined to allow a criminal to evade justice.  If you are facing a European Arrest Warrant and extradition to Spain or Italy, notwithstanding the present lack of clarity in Europe due to the UK’s exit from Europe, however daunting it may seem, the best course of action is to obtain cross-border legal advice and face the situation promptly. Giambrone can offer not only superb legal expertise but cultural and jurisdictional knowledge that can make all the difference to your case. Our lawyers will analyse your case from every angle to establish the validity and regulatory strength of the matter.

If you would like to know how to deal with a European Arrest Warrant please click here