The prime suspect in the disappearance of Madeleine McCann may not be extradited to the United Kingdom to face trial due to complications arising from Brexit, according to legal experts. Scotland Yard is seeking to have German citizen Christian Brueckner tried in the UK for the alleged abduction and murder of the three-year-old girl, as reported by The Telegraph. Brueckner, a convicted rapist, was linked to the case in 2022 but has denied any involvement.
Legal Hurdles Post-Brexit
However, after Brexit, the Metropolitan Police faces significant legal obstacles. German law forbids extradition of its citizens to non-European Union countries. Article 16 of the German constitution prohibits extradition of German nationals to foreign states outside the EU, overriding any agreements such as the EU-UK Trade and Cooperation Agreement (TCA) that came into force in 2021. Legal experts told The Independent that the likelihood of Brueckner being surrendered to the UK is virtually zero.
George Hepburne Scott, a specialist extradition barrister and head of extradition at Church Court Chambers, stated: “Because he is a German citizen, Germany is highly unlikely to extradite him to the UK. Under the German Basic Law and the post-Brexit EU–UK Trade and Cooperation Agreement, Germany can refuse to surrender its own nationals, and in practice it does.”
Precedent of Refusals
Germany has previously denied extradition requests. In September 2023, it refused to extradite an Albanian man accused of drug trafficking, citing concerns over the state of the British prison system. In 2020, it declined an extradition arrest warrant for a Polish national accused of fraud due to concerns over trial fairness—a first in its history.
According to The Telegraph, the Metropolitan Police are determined for Brueckner to face charges in Germany if the country refuses to hand him over to Britain. However, this could spark a diplomatic row, worsened by the UK’s reduced legal standing after Brexit. Scott added: “If there is sufficient evidence, the realistic route is for Germany to prosecute him domestically rather than hand him over. Pre-Brexit the extradition would have been streamlined, fast-tracked and effectively automatic—subject to routine procedural requirements.”
European Arrest Warrant No Longer Available
Before Brexit, the European Arrest Warrant (EAW) would have facilitated Brueckner’s extradition. The EAW is described by the European Commission as “a simplified cross-border judicial surrender procedure for the purpose of prosecuting or executing a custodial sentence or detention order.” However, the UK’s departure from the EU means that ten countries, including Germany, have imposed a “nationality” bar on extraditing their own citizens to the UK under Article 83 of the TCA.
Nick Vamos, former head of extradition at the Crown Prosecution Service and now partner at Peters & Peters, explained: “Following Brexit, the UK and EU negotiated a new extradition scheme which closely matched the European Arrest Warrant. However, as the UK was now outside the EU, ten countries including Germany exercised the option in Article 83 of the Trade and Co-operation Agreement to impose a ‘nationality’ bar on extraditing their own citizens to the UK. In Germany, this is a matter of constitutional law, not political discretion, so there is no possibility of Brueckner being extradited to the UK unless he leaves his home country.”
Prosecution Decision Required
Furthermore, the Crown Prosecution Service has not yet decided to request extradition, and must have solid evidence before doing so. Extradition cannot be used to gather further information. Richard Cannon, Partner at Stokoe Partnership Solicitors, noted: “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.”
Cannon added: “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.”
A Metropolitan Police spokesperson told The Independent: “The Met’s investigation into the disappearance of Madeleine McCann has been active since 2011. A dedicated team continues to examine the events of the evening of 3 May 2007 in Praia da Luz, while supporting and updating Madeleine’s family. As part of ongoing enquiries, we remain in close working discussion with policing colleagues in Germany and Portugal. We will continue to pursue any viable lines of enquiry.”
The German government has been contacted for comment.
