European Arrest Warrant
A fast-track warrant-based extradition mechanism used among EU member states. The UK ceased to be part of the European Arrest Warrant framework at the end of the Brexit transition period on 31 December 2020, and now operates a similar but distinct surrender arrangement with the EU under the Trade and Cooperation Agreement.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Home Office guidance is direct about the change in the UK's legal position: 'Following the end of the Transition Period on 31 December 2020, the UK is no longer part of the European Arrest Warrant (EAW) framework.' Anyone researching extradition between the UK and EU member states today therefore needs to be clear that the EAW, in its EU-law form, no longer applies to the UK.
A replacement mechanism took its place immediately, closely modelled on the one it succeeded. The National Crime Agency explains that 'The Trade and Cooperation Agreement (TCA) allows for streamlined extradition arrangements between the UK and the EU. Like the European Arrest Warrant (EAW), the mechanism which the UK used until 31 December 2020, there are limited grounds for refusal and time-limited processes for warrants issued under the terms of the TCA.' Warrants issued under the old EAW system before the cut-off date, and warrants where an arrest had already taken place, continue to be dealt with under transitional arrangements set out in the EU-UK Withdrawal Agreement.
Related terms
Official sources
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