Commentary on provisions of Act Section 13: Category 1 territories not applying Trade and Cooperation Agreement to old cases
This section amends section 155A of the Extradition Act 2003 so that the references to the European Arrest Warrant (EAW) Framework Decision are changed to references to the Agreement. This will allow section 155A to be applied to any Part 1 EU Member State in relation to an extradition request which concerns criminal acts committed before the introduction of the Extradition Act 2003. This will mean that extradition requests that relate to ‘old cases’, which may have been exempted from consideration under the EAW Framework Decision, can continue to be made under different arrangements than the new Agreement (should that be necessary), rather than fall out of any current Part 1 extradition arrangements because of the arrangements in place in specific EU Member States. Specifically:
Subsection (1) introduces the amendments to section 155A.
Subsections (2) and (3) insert new definitions to align with those in the Agreements.
Subsection (4) removes references to the previous regime and inserts references to align with those in the Agreements.