On 28 and 29 November 2023, Stefan Hyman, of 9BR Chambers’ Extradition & Interpol Team, will appear in the UK Supreme Court representing two judicial authorities (requesting courts), one from Italy, the other from Romania.
The cases, Bertino v Public Prosecutor’s Office, Italy (SC/2022/0103) and Merticariu v Judecatoria Arad, Romania (SC/2022/0127), will consider the legal tests that a UK court should apply when determining if to execute a European arrest warrant (EAW). Bertino concerns whether someone was deliberately absent from trial whilst Merticariu looks at what an entitlement to a retrial means.
This is the first time in twenty years that the Supreme Court has analysed the relevant statutory provision, section 20 of the Extradition Act 2003, or its sibling for non-EU countries, section 85.
These are perhaps the last EAW cases in the UK as, following the post-Brexit transition period, the EAW no longer applies to new extradition arrests. The cases also raise important questions concerning how a UK court should approach EU law after Brexit and what the principles developed mean for cases subject to the replacement treaty between the UK and EU, found in the Trade and Co-operation Agreement 2020 (TCA).
Stefan is led by Helen Malcolm KC, both instructed by the Crown Prosecution Service.
