The extradition of German nationals to the United Kingdom of Great Britain and Northern Ireland is no longer possible since Brexit. This is based on the German notification of Part Three, Title VII of the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (see OJ of the EU No. C 117 I of April 6, 2021). In this respect, Art. 16 para. 2 GG applies.

No extradition and extradition of German nationals to England

The Trade and Cooperation Agreement between the EU and the United Kingdom is otherwise intended to protect the interests of the European Union, ensure fair competition and enable cooperation to continue in areas of mutual interest. It is also intended to ensure respect for fundamental rights.

The Trade and Cooperation Agreement was signed on 30.12.2020. It has been provisionally applied since 01.01.2021 and entered into force definitively on 01.05.2021 and regulates the UK's relations with the EU and its member states in countless areas, from fishing rights to public procurement and from air transport to law enforcement.

It also includes an extradition agreement, which is contained in Part 3 of the TCA, Title VII. The agreement governs extradition between the UK and EU member states and applies to all persons arrested after 11 p.m. on December 31, 2020.

Arrest warrant made in England

In England, arrest warrants are issued by Magistrates Courts, but District Judges and Crown Court judges are also authorized to issue arrest warrants. In addition, in England there is the "warrant for non-appearance at trial", which is issued by the respective criminal court.

This means that bail can be granted. In this context, the police have more extensive powers than in Germany. There is the right of appeal to the High Court.

In English criminal proceedings, the right of the accused to remain silent is considerably restricted. A defendant has the right to be assisted by a lawyer during questioning.

German Federal Constitutional Court (2 BvR 890/16): The Arrest Warrant is based on an arrest warrant issued by the Central Hertfordshire Magistrates' Court on April 13, 2007. The complainant had argued that in England - unlike in Germany - the silence of an accused could be used to his disadvantage, which would violate his fundamental rights in the event of extradition. The constitutional complaint was ultimately not accepted for decision. According to the German Federal Constitutional Court, extradition to England should not fail simply because freedom from self-incrimination is not guaranteed in English procedural law to the same extent as is the case constitutionally in German criminal proceedings (Federal Constitutional Court 2 BvR 890/16).

Extradition proceedings in England

There is an instructive summary of the extradition process in England in the decision of the European Court of Human Rights from April 2012 in the case of BABAR AHMAD AND OTHERS v. THE UNITED KINGDOM .