Partner Richard Cannon comments on post-Brexit extradition hurdles, in The Independent

Commenting in The Independent, Partner Richard Cannon explains why post-Brexit extradition rules could prevent Madeleine McCann suspect Christian Brueckner from being extradited from Germany to the UK.

Richard’s comments were published in The Independent, 6 May 2026. 

“The Prosecution in the UK must have made a decision to prosecute before requesting extradition from Germany. A person can only be extradited to the UK for one of three purposes: to be prosecuted for a criminal offence, to be sentenced after conviction, or to serve a sentence already imposed. A person cannot be extradited for the purpose of determining whether there is sufficient evidence to prosecute them or to permit further investigation.

“Extradition from Germany to the UK has become more complex post‑Brexit. We no longer rely on the European Arrest Warrant’s streamlined framework, so requests face increased documentation, longer timelines, and closer judicial scrutiny on issues like dual criminality, proportionality, and the adequacy of assurances. Defendants can resist extradition where there is a real risk to fundamental rights, where proceedings would be oppressive due to health or delay, or where fair‑trial and prison‑conditions assurances are insufficient. In practice, careful litigation on human rights, speciality, and procedural safeguards can be decisive in preventing removal.”