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)