Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future.
The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused a...
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SAGE Publications
2020
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Online Access: | https://doi.org/10.1177/0022018320977531 https://rgu-repository.worktribe.com/file/996919/1/DAVIES%202021%20Extradition%20between https://rgu-repository.worktribe.com/output/996919 |
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ftrobertguniv:oai:rgu-repository.worktribe.com:996919 2023-05-15T16:52:46+02:00 Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. Davies, Gemma Arnell, Paul 2020-12-10 https://doi.org/10.1177/0022018320977531 https://rgu-repository.worktribe.com/file/996919/1/DAVIES%202021%20Extradition%20between https://rgu-repository.worktribe.com/output/996919 unknown SAGE Publications https://rgu-repository.worktribe.com/output/996919 doi:https://doi.org/10.1177/0022018320977531 https://rgu-repository.worktribe.com/file/996919/1/DAVIES%202021%20Extradition%20between 0022-0183 10.1177/0022018320977531 openAccess https://creativecommons.org/licenses/by/4.0/ Extradition European arrest warrant Brexit Ireland Common travel area Journal Article publishedVersion 2020 ftrobertguniv https://doi.org/10.1177/0022018320977531 2023-03-26T20:20:25Z The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust ... Article in Journal/Newspaper Iceland OpenAIR@RGU (Robert Gordon University, Aberdeen) Norway The Journal of Criminal Law 85 2 98 120 |
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OpenAIR@RGU (Robert Gordon University, Aberdeen) |
op_collection_id |
ftrobertguniv |
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topic |
Extradition European arrest warrant Brexit Ireland Common travel area |
spellingShingle |
Extradition European arrest warrant Brexit Ireland Common travel area Davies, Gemma Arnell, Paul Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
topic_facet |
Extradition European arrest warrant Brexit Ireland Common travel area |
description |
The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust ... |
format |
Article in Journal/Newspaper |
author |
Davies, Gemma Arnell, Paul |
author_facet |
Davies, Gemma Arnell, Paul |
author_sort |
Davies, Gemma |
title |
Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
title_short |
Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
title_full |
Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
title_fullStr |
Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
title_full_unstemmed |
Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. |
title_sort |
extradition between the uk and ireland after brexit: understanding the past and present to prepare for the future. |
publisher |
SAGE Publications |
publishDate |
2020 |
url |
https://doi.org/10.1177/0022018320977531 https://rgu-repository.worktribe.com/file/996919/1/DAVIES%202021%20Extradition%20between https://rgu-repository.worktribe.com/output/996919 |
geographic |
Norway |
geographic_facet |
Norway |
genre |
Iceland |
genre_facet |
Iceland |
op_relation |
https://rgu-repository.worktribe.com/output/996919 doi:https://doi.org/10.1177/0022018320977531 https://rgu-repository.worktribe.com/file/996919/1/DAVIES%202021%20Extradition%20between 0022-0183 10.1177/0022018320977531 |
op_rights |
openAccess https://creativecommons.org/licenses/by/4.0/ |
op_doi |
https://doi.org/10.1177/0022018320977531 |
container_title |
The Journal of Criminal Law |
container_volume |
85 |
container_issue |
2 |
container_start_page |
98 |
op_container_end_page |
120 |
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1766043144151891968 |