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NEWS

Short Update: Repeated extensions in execution of European Arrest Warrants found lawful in UK court

FT Admin - June 25, 2020 - COVID-19 Updates, Delayed or accelerated proceedings, Cross-border justice

On 11 May, a UK court dealt with the legality of repeated short-term extension in the execution of European Arrest Warrants (EAWs) due to travel restrictions imposed as a consequence of the COVID-19 pandemic. Article 23 of the Framework Decision on EAWs allows for extradition to be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any member state. The English court held that the coronavirus pandemic is capable of satisfying either criteria.  The court stated that a requested person has no procedural rights to be notified of any application to extend the extradition period, or to make representations at a hearing. However, the court suggested that in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.  
 

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