Overdue extradition update

This is an excellent book. However, it was clearly conceived during the febrile pre-Brexit atmosphere when a no-deal outcome was on the cards. The introduction states that ‘the authors were putting the finishing touches to a book that hoped to guide practitioners through the European Convention on Extradition 1957 in the expectation that, with one week to go before the end of the transition period, the prospects of a deal to govern extradition between the UK and EU appeared remote and the parties would therefore be reverting to the 1957 Convention’.

Mercifully, that prediction did not come to pass, and readers will remember the ‘rabbit out of the hat’ deal that the government presented at the very last minute.

As a result of the deal, the Extradition Act 2003 was simply repurposed and the formerly EAW requests are now simply ‘part 1 warrants’ or ‘PAWs’ under the act.

It could be argued that, on a practical level, Brexit changed very little in extradition law; see: Polakowski & Ors v Westminster Magistrates’ Court [2021] EWHC 53 (Admin) [2021] All ER (D) 70 (Jan), where the High Court could properly be said to have concurred with that view.

Essentially, the law governing extraditions from the UK to EU countries is now almost identical in format and procedure to the pre-Brexit era. It seems that the most profound practical change is that the word ‘European’ has been deleted from warrants.

Therefore, the predictions of a seismic change to extradition law post-Brexit did not, in practice, come to pass. However, there are subtle changes which are comprehensively and expertly addressed in this book.

It also contains an extremely helpful ‘Tips for practitioners’ guide under the human rights section. A number of other important developments are addressed: for example, how the changed immigration status of requested persons may assist in resisting extradition post-Brexit.

Overall, notwithstanding that the book inevitably caters for a far less changed post-Brexit extradition scenario than was originally envisaged, an updated practical practitioners’ guide to this highly complex and technical area of law was long overdue.

This book certainly provides up-to-date, clear, practical and authoritative guidance.

George Hepburne-Scott is a barrister at Church Court Chambers, London