House of Commons Library publishes Brexit: impact across policy areas, including police and justice co-operation

On 26 August 2016, the House of Commons Library published a lengthy document considering the impact of Brexit in a number of policy areas, including police and judicial co-operation. The publication looks at the current situation in a range of policy areas and considers what impact Brexit might have. This will depend, among other things, on the Brexit negotiations, whether the UK stays in the European Economic Area and how the Government fills any policy gaps left by withdrawal. Although a number of areas have the potential to impact on business crime and investigations, those of immediate interest will be policing and judicial co-operation.

The UK currently has an opt out arrangement with the EU on policing and criminal justice measures, whereby it can chose which measures to opt in to. The UK has chosen, with parliamentary approval, to opt in to 130 measures, the most significant of which is the European Arrest Warrant (EAW). Others relate to information sharing and participation in EU law enforcement agencies, such as Interpol and Europol.

The publication states that it is likely that the UK would wish to recreate at least some of the existing arrangements. Some matters are covered by Council of Europe treaties (for example, Convention on the Transfer of Sentenced Persons). In other areas it may be possible to negotiate bilateral treaties with individual Member States, or with the EU as a whole.

The publication states, starkly, that it is possible that, without the mutual recognition and trust between EU Member States that underpins the EAW and other measures, arrangements could be more complicated, expensive and time consuming.

For more information see Blog post, What does Brexit mean for business crime?

Source: House of Commons Library: Briefing paper: Brexit: impact across policy areas, 26 August 2016.