Extradition is the formal process where one country asks another to hand over an individual to face criminal charges or serve a sentence. In the UK, the extradition process is governed by the Extradition Act 2003. This Act divides cases into two parts: Part 1 and Part 2. Part 2 cases deal with extradition requests from countries outside the European Union.

What Are Extradition Part 2 Cases?

Part 2 of the Extradition Act 2003 covers requests from countries not part of the EU. These countries are often called Category 2 territories and include nations like the USA, Canada, Australia, and many others.

Part 2 cases involve a formal request to the UK authorities to arrest and extradite individuals who are either accused of committing crimes or have been convicted of crimes in the requesting country.

The Extradition Process

The Extradition Request

When a non-EU country wants to extradite someone from the UK, it must send a formal request to the UK Central Authority (UKCA) in the Home Office. This request must include detailed information about the alleged crime, evidence, and the legal basis for the request.

Once the request is received, the Home Office reviews it to ensure it meets legal standards. If the request is in order, the Home Office certifies it and sends it to the appropriate court, usually Westminster Magistrates’ Court, to issue an arrest warrant.

Arrest and Initial Hearing

After the court issues an arrest warrant, the individual is arrested and brought before Westminster Magistrates’ Court as soon as possible. During the initial hearing, the judge confirms the person’s identity and explains the extradition process and the charges. The judge also decides whether the individual should be held in custody or released on bail while the case proceeds.

Court Considerations

If the individual does not consent to extradition, the court examines several key factors:

  • Extradition Offence: The court checks if the conduct described in the extradition request constitutes a crime in both the requesting country and the UK. This is known as the dual criminality principle.
  • Statutory Bars: The judge considers if any legal bars to extradition apply, such as double jeopardy (the person has already been tried for the same offence), the passage of time (the crime happened too long ago), or the individual’s physical or mental health.
  • Human Rights: The court assesses whether extradition would violate the person’s human rights, such as the right to a fair trial or protection from torture and inhumane treatment.
  • Prima Facie Case: In some Part 2 cases, the requesting country must provide enough evidence to establish a prima facie case, meaning there is sufficient evidence to warrant a trial if the crime had occurred in the UK. However, countries like the USA, Canada, Australia, and others are exempt from this requirement and only need to provide information about the accusation or conviction.

Secretary of State’s Role

If the court decides that extradition should proceed, the case is sent to the Secretary of State for a final decision. The Secretary of State reviews the case to ensure no additional statutory bars apply. For example, extradition cannot proceed if the individual might face the death penalty unless the requesting country provides written assurance that the death penalty will not be imposed or carried out.

Appeals

The individual and the requesting country can appeal the court’s decision. Appeals must be filed within strict time limits. If the appeal is against the court’s decision, it goes to the High Court. If the appeal is against the Secretary of State’s decision, it also goes to the High Court. In some cases, appeals can be taken to the Supreme Court if a point of law of general public importance is involved.

Removal

Once all appeals are exhausted and the decision to extradite is final, the individual must be extradited within 28 days. The process ensures that the individual is transferred to the requesting country to face trial or serve their sentence.

Grounds for Refusing Extradition

Extradition Part 2 cases have several grounds on which extradition can be refused. These include:

  • Death Penalty: If the individual could face the death penalty in the requesting country, extradition cannot proceed unless assurances are provided that the death penalty will not be imposed or carried out.
  • Specialty Arrangements: Extradition can be refused if there are no specialty arrangements with the requesting country. Specialty requires that the individual be dealt with only for the offences they have been extradited, except in certain limited circumstances.
  • Previous Extradition: If the individual has previously been extradited to the UK from another country or has been transferred from the International Criminal Court, and consent for onward extradition has not been provided from that country or the Court, extradition can be refused.

These grounds ensure that extradition is conducted in accordance with international law and respects the rights of the individual.

Conclusion

Extradition Part 2 cases involve a detailed and structured process to ensure that justice is served while protecting the rights of the individual. From the initial request to the final removal, each step is designed to balance the legal requirements of the requesting country with the protections afforded under UK law. Understanding this process and the grounds for refusing extradition helps clarify the complexities of international extradition cases.