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Extradition: EU Nationals

Question for Home Office

UIN 180980, tabled on 14 April 2021

To ask the Secretary of State for the Home Department, what steps she is taking to ensure that EU nations continue to extradite criminals to the UK.

Answered on

23 April 2021

The UK-EU Trade and Cooperation Agreement (the ‘TCA’) delivers a comprehensive package of capabilities which ensures we can work with counterparts across Europe to tackle serious crime and terrorism – protecting the public and bringing criminals to justice. This includes streamlined extradition arrangements

Some EU Member States have long-held constitutional bars against the extradition of their own nationals to non-EU countries, which is why the TCA allows for offenders to face justice via another route, even where a country will not extradite their own nationals.

Where someone has been sentenced, if they are arrested in their state of nationality, the authorities there may decide to enforce the sentence at home.

For those wanted to face a trial the Agreement provides for a mechanism where a person could be extradited, face trial, and then be returned to serve their sentence. If this is not available, a State is able to refer the case to its own prosecution authorities. In these cases the Agreement establishes an obligation to provide appropriate support to victims and witnesses.

Answered by

Home Office