Extradition from Germany to the UK

Since Brexit, extradition between the UK and Germany is governed by the EU-UK Trade and Cooperation Agreement (TCA), which came into force on 1 January 2021. The TCA replaced the European Arrest Warrant framework and established a new surrender mechanism for UK-EU extradition requests. Under the TCA, dual criminality checks apply to all offences, and UK nationals benefit from enhanced protections, including consideration of whether the offence was committed wholly or partly in the UK. Domestic procedure is governed by the Extradition Act 2003. Germany is a significant extradition partner of the UK and our lawyers have extensive experience handling German surrender requests at all court levels.

Germany submits a surrender request under the TCA framework to the UK’s designated authority. Once certified, the requested person is arrested and brought before Westminster Magistrates’ Court for an initial hearing, at which our lawyers will apply for bail. The extradition hearing examines dual criminality, the forum bar, human rights protections, and all other statutory grounds for refusal. Both parties may appeal to the High Court and, with permission, to the UK Supreme Court. The Home Secretary retains final discretion to refuse surrender in exceptional circumstances even where extradition has been approved by the courts.

Our extradition defence lawyers review every German surrender request for compliance with the TCA and the Extradition Act 2003. We challenge dual criminality, raise the forum bar where the UK is the appropriate jurisdiction, and present human rights arguments under Articles 3 and 6 ECHR. Where UK nationality is relevant, we submit detailed proportionality arguments and evidence of the person’s ties to the UK. We apply for bail at the earliest opportunity and mount comprehensive appeals when necessary. Where Interpol Red Notices or diffusions accompany the German request, our Interpol Defence Lawyers pursue concurrent CCF proceedings to have those notices removed and international arrest alerts lifted.

If you face extradition to Germany, contact our specialist extradition defence team as soon as possible. Early legal advice gives you the best chance of securing bail and building a robust defence. Call us now or complete our contact form for a free initial consultation — we are available 24 hours a day, seven days a week.