Approach to the European Union (Future Relationship) Act 2020 Security Extradition
Extradition is the formal legal process by which a person accused or convicted of a crime is surrendered from one State to another for trial or punishment. The extradition of persons from the United Kingdom is governed by the Extradition Act 2003, ("the 2003 Act") which provides for two distinct sets of procedures to apply to incoming extradition requests.
	Part 1 of the 2003 Act implements extradition arrangements based on the exchange of arrest warrants directly between judicial authorities (before the end of the Transition Period in particular, the European Arrest Warrant (EAW) Framework Decision and the Norway/Iceland Surrender Agreement). Part 2 of the 2003 Act covers other territories that the United Kingdom has extradition relations with, based on the exchange of extradition requests between governments.
	The Act provides for aspects of the TCA which provide for streamlined extradition arrangements, akin to the EU’s Surrender Agreement with Norway and Iceland but with appropriate and further safeguards for individuals, beyond those in the European Arrest Warrant. To streamline cooperation, it provides for direct transmission between judicial authorities, limited grounds for refusal and time-limited processes. It also includes additional provisions which make clear that a person’s surrender can be refused if their fundamental rights are at risk, extradition would be disproportionate, or they are likely to face long periods of pre-trial detention. Where extradition of own nationals from certain EU Member States is not possible due to their constitutional principles, the Agreement provides that there is always a mechanism to address this, for example, by obliging EU Member States to refer cases to their own prosecution authorities.