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Future of extradition in jeopardy due to Brexit

The UK's access to European Arrest Warrants will be lost following Brexit.
The UK's access to European Arrest Warrants will be lost following Brexit. The UK's access to European Arrest Warrants will be lost following Brexit.

THE future of the European Arrest Warrant, used to extradite people wanted for crimes across the Irish border and return on-the-run prisoners, is in jeopardy after the UK leaves the European Union.

Since 2004 the warrant has required EU members to transfer suspects or prisoners to other states to face trial or complete a sentence, speeding up extradition procedures.

During last year's Brexit referendum campaign fears over its future were played down by 'leave' campaigners, with assurances given that Britain could retain the powers even outside the EU.

However, Brexit secretary David Davis confirmed yesterday that arrangements for European Arrest Warrants (EAWs), Europol and exchanging information will need to be replaced "because that will go when we leave the European Union".

Members of the House of Lords EU Home Affairs Sub-Committee met this week to discuss what options are available to replace the important powers.

Criminal justice experts have said with an increase in cross-border and international crime, linked to drugs, weapons and people trafficking, it is vital to negotiate a deal that will allow the continued ability to extradite suspects.

The committee previously warned that a gap between the EAW ceasing to apply in 2019 and finding a suitable replacement would "pose an unacceptable risk", particularly in Northern Ireland with the only land border with the EU.

What happens next is now unknown with negotiations only starting after Theresa May triggered article 50 on Wednesday.

Legal experts say the process is likely to become complicated, with some EU member states potentially less open to the extradition of citizens than others.

Some countries have already expressed concerns at the extradition of people in situations were there is only a 'suspicion' that a crime has been committed.

Among those to have been subject to a EAW between the Republic and Northern Ireland in the last year is Damien McLaughlin, who skipped bail while awaiting trial in connection with the murder of prison officer David Black.

Raymond O'Neill is currently also subject to extradition proceedings in relation to the brutal murder of west Belfast mother-of-three Jennifer Dornan.

The Department of Justice told The Irish News that the issue will be subject to negotiations.

"Until exit negotiations are concluded, the UK remains a full member of the European Union and all the rights and obligations of EU membership remain in force.

"During this period the UK government will continue to negotiate, implement and apply EU law.

"Future extradition arrangements between the UK and EU member states are a matter for negotiations between the UK and the EU."