That may be the case in theory, but in practice it does not work. All EU member states have signed the European Convention of Human Rights. The English court will take the view that, because EU member states have signed the Convention, under the doctrine of 'mutual recognition' they cannot then be deemed to be in breach of it - even if all the known facts contradict this.

For example, it is well-known that countries such as Greece, Bulgaria, Hungary, Romania and others, are frequently in breach of the Convention, because of their institutionalised corruption or because of the conditions in their prisons; nevertheless - and despite this - suspects will be 'judicially surrendered' to them. The author has been present in the English Court of Appeal when such a judgement has been made.