NI: Extradition process could become ‘toxic’ under Brexit

Ruairi Gillen
Ruairi Gillen

Northern Ireland’s Department of Justice is concerned that extradition and surrender procedures could become “toxic” after Brexit, according to an investigation by The Detail.

A DOJ report released to Detail Data under a Freedom of Information (FOI) request raises the question of how European Arrest Warrants (EAW) will function after Britain leaves the EU.

It warns: “The EAW has removed the political dimension from extradition. The extradition process could become toxic once again.”

In another report, the Department says: “For practical law enforcement the maintenance of the European Arrest Warrant system is essential.”

Solicitor Ruairi Gillen of Gillen & Co Solicitors, who specialises in extradition issues, told The Detail: “As it stands, day one after Brexit if we no longer have EAW, if you don’t know in which country the person is, where do you start to look for them?

“If it goes and we then have to look for individual treaties, then it is going to be much more difficult for UK authorities to keep on top of those people who are requested - particularly in this jurisdiction, where we have a land border.

“Some of the terms that have been bounced around are that Northern Ireland could become a safe haven for criminals. At the moment I’m not sure that there is any evidence that would suggest that that might not be a by-product of coming out of the EAW.”

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