Business/Legal

Is there an arrest warrant system under the 2026 UK/EU Treaty in relation to Gibraltar?

Short answer

Yes. The 2026 UK/EU Treaty in relation to Gibraltar establishes a surrender mechanism modelled on the European Arrest Warrant. It applies to offences punishable by at least 12 months’ imprisonment, or where a sentence of at least four months has been imposed, with streamlined rules for 33 categories of serious offences.

Detailed answer

For listed offences punishable by at least three years, the dual criminality requirement is disapplied.

The system includes mandatory and discretionary grounds for refusal, including:

  • ne bis in idem (no double jeopardy)
  • nationality exceptions
  • human rights safeguards

There is a terrorism carve-out to the political offence exception.

Status: the Agreement was signed on 14 July 2026 and has been provisionally applied since 15 July 2026, pending formal ratification.