Arrest Warrants

Arrest Warrant Defense in the UK

Not every warrant involving the UK is the same kind of extradition matter — and since Brexit, that distinction has become more complex, not less.

Direct answer: A UK domestic arrest warrant is issued for conduct within the UK and heard entirely within the UK court system. Since 1 January 2021, requests from EU member states no longer proceed under the European Arrest Warrant — they now proceed under the UK-EU Trade and Cooperation Agreement’s surrender arrangements, implemented via the European Union (Future Relationship) Act 2020, which closely mirrors the EAW but is a legally distinct framework. Requests from all other countries proceed under the traditional Category 2 process.

The Three Tracks

Domestic, TCA, and Traditional Warrants

UK Domestic Warrant

Issued for conduct within the UK, heard before Westminster Magistrates’ Court and beyond under ordinary criminal procedure.

TCA Surrender Warrant (EU)

Since Brexit, EU member state requests proceed under the Trade and Cooperation Agreement’s Title VII surrender arrangements, not the old EAW.

Category 2 Request

Requests from non-EU countries proceed under the traditional, fuller Extradition Act 2003 process.

First Response Matters

What happens in the first hours after arrest can materially affect the entire course of the case, regardless of which track applies.

Frequently Asked

Common Questions

Is the European Arrest Warrant still used for the UK?

No — since 1 January 2021, EU requests proceed under the UK-EU Trade and Cooperation Agreement’s surrender arrangements instead.

Is the new TCA process very different from the old EAW?

Closely similar in structure, but legally distinct, with an explicit proportionality requirement built into the treaty itself.

Will I be represented by a UK-licensed lawyer either way?

Yes — both domestic matters and the UK side of any TCA or Category 2 case are handled by our network lawyer admitted to practice in the UK.