HomeExtradition from Germany to the UK: Legal Framework and Defence
Advice for people in Germany who are sought by UK authorities, and for their families. The page explains the legal framework for surrender from Germany to the UK under the EU–UK Trade and Cooperation Agreement, the role of the German courts, the issues commonly examined and how our UK team can help.
We advise people in Germany who are sought by UK authorities, and their families, on the UK side of the case. The UK warrant, the charges and the proceedings that would follow surrender are often where the decisive questions lie.
The legal framework
Since 1 January 2021, surrender between the UK and EU Member States has been governed by Part Three, Title VII of the EU–UK Trade and Cooperation Agreement (TCA). The TCA arrangements replaced the European Arrest Warrant for UK cases, but they work in a similar way: a UK judicial authority issues an arrest warrant, and it is executed by the judicial authorities of the EU state where the person is found.
In Germany, surrender requests are dealt with under the Act on International Cooperation in Criminal Matters (IRG). The Higher Regional Court (Oberlandesgericht) decides whether surrender is admissible, and the public prosecutor’s office at that court (Generalstaatsanwaltschaft) conducts the proceedings.
Under Article 603(2) of the TCA, EU states could notify that they will not surrender their own nationals to the UK, or will do so only on conditions. Where surrender of a national is refused, the executing state should consider submitting the case to its own prosecuting authorities. Germany is among the states that have notified that they will not surrender their own nationals to the UK.
How the process works
After an arrest on a UK warrant, the person is brought before a German court, and the Higher Regional Court then examines whether surrender is admissible. The person can consent to surrender, which usually shortens the process, or contest it.
Consent has consequences — for example for the rule of speciality — and should not be given without advice on both the German and the UK side.
Contact us now!
Your situation requires immediate action. Contact our lawyers for a free consultation at [email protected] and learn what legal tools can help you respond to extradition proceedings between Germany and the UK and protect your rights.
Issues that are commonly examined
Which arguments are available depends on the legal basis of the request and on the facts. Issues that are often relevant include:
- whether the conduct is an offence under the law of both the UK and the executing state (double criminality), subject to the list of offences where this is not checked;
- whether you have already been tried for the same conduct (ne bis in idem);
- proportionality — the TCA requires surrender to be necessary and proportionate;
- fundamental rights, including prison conditions and the right to a fair trial;
- defects in the warrant itself, such as missing or contradictory information about the alleged conduct.
How our UK team can help
Every extradition to the UK has a UK side: a warrant or charging decision by UK authorities, an underlying investigation and, if surrender takes place, proceedings before the UK courts. Our work focuses on that UK side of your case and on extradition defence:
- reviewing the UK arrest warrant or request, the charges and the material disclosed, and identifying defects that can be raised;
- advising on the proceedings you would face in the UK after surrender, including bail, the likely charges and the rule of speciality;
- communicating with the UK prosecuting authorities through the proper channels where this may help, for example on the scope of the case or on voluntary attendance;
- checking whether an INTERPOL Red Notice or diffusion has been circulated and, where there are grounds, applying to the CCF (INTERPOL Red Notice removal);
- working alongside your local lawyers, who represent you before the courts of the requested state, so that arguments on both sides are consistent.
We are not German lawyers: proceedings in Germany are conducted by lawyers qualified there. Our role is to deal with the UK aspects of the case and to coordinate the overall strategy.
When to contact us
As early as possible — ideally before any arrest, if you know or suspect that UK authorities are looking for you. Early advice allows the UK position to be assessed while more options remain open. Please contact us for a confidential assessment.
Related services: European Arrest Warrant Solicitors in the UK.
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Frequently Asked Questions
What legal framework governs surrender from Germany to the UK?
Since 1 January 2021, surrender between the UK and EU Member States has been governed by Part Three, Title VII of the EU–UK Trade and Cooperation Agreement, which replaced the European Arrest Warrant for UK cases. In Germany, requests are handled under the Act on International Cooperation in Criminal Matters (IRG).
Will Germany surrender a German national to the UK?
Germany is among the states that have notified under Article 603(2) of the TCA that they will not surrender their own nationals to the UK. Where surrender of a national is refused, the executing state should consider submitting the case to its own prosecuting authorities.
Which German court decides on surrender to the UK?
The Higher Regional Court (Oberlandesgericht) decides whether surrender is admissible, and the public prosecutor's office at that court (Generalstaatsanwaltschaft) conducts the proceedings. Those proceedings are handled by lawyers qualified in Germany.
Should I consent to surrender to the UK?
Consent usually shortens the process, but it has consequences, for example for the rule of speciality. It should not be given without advice on both the German and the UK side of the case.
How can UK lawyers help if I am in Germany and wanted by the UK?
UK lawyers can review the UK warrant, charges and disclosed material for defects, advise on bail and the proceedings you would face after surrender, check for any INTERPOL Red Notice or diffusion and work alongside your German lawyers so that arguments are consistent.
