Extradition: UK law and practice - Select Committee on Extradition Law Contents


Select Committee on Extradition Law

The Select Committee on the Extradition Law was set up on 12 June 2014. Its remit is "to consider and report on the law and practice relating to extradition, in particular the Extradition Act 2003". The Committee will therefore be looking at the 2003 Act, to see whether it provides an effective and just extradition procedure, but will also consider whether the law and practice relating to extradition generally is satisfactory, and whether the law, practice and procedure might need amending. The Committee has to report by 5 March 2014.

This is a public call for written evidence to be submitted to the Committee. The deadline is 12 September 2014.


1.  Does the UK's extradition law provide just outcomes?

·  Is the UK's extradition law too complex? If so, what is the impact of this complexity on those whose extradition is sought?

2.  Is extradition law fit for purpose in an era of increasingly multi-jurisdictional crime?

3.  To what extent is extradition used as a first resort when prosecuting a crime committed in another jurisdiction? Should greater use be made of other remedies?

European Arrest Warrant

4.  On balance, has the European Arrest Warrant (EAW) improved extradition arrangements between EU Member States?

·  How should the wording or implementation of the EAW be reformed?

·  Are standards of justice across the EU similar enough to make the EAW an effective and just process for extradition?

·  How will post-Lisbon Treaty arrangements change the EAW scheme once the UK opts back in to it?

Prima Facie Case

5.  In circumstances where a prima facie case is not required, do existing statutory bars (the human rights bar, for instance) provide sufficient protection for requested people?

·  Are there territories that ought to be designated as not requiring a prima facie case to be made before extradition? What rationale should govern such designation? What parliamentary oversight of such designation ought there to be?

UK/US Extradition

6.  Are the UK's extradition arrangements with the US comparable to other territories that do not need to show a prima facie case? If so, should the US nonetheless be required to provide a prima facie case, and why?

·  Sir Scott Baker's 2011 'Review of the United Kingdom's Extradition Arrangements', among other reviews, concluded that the evidentiary requirements in the UK-US Treaty were broadly the same. However, are there other factors which support the argument that the UK's extradition arrangements with the US are unbalanced?

Political and Policy Implications of Extradition

7.  What effect has the removal of the Home Secretary's role in many aspects of the extradition process had on extradition from the UK?

·  To what extent is it beneficial to have a political actor in the extradition process, in order to take account of any diplomatic consequences of judicial decisions?

8.  To what extent are decisions of where to prosecute certain crimes and whether to extradite influenced by broader political, diplomatic or security considerations?

Human Rights Bar and Assurances

9.  Is the human rights bar as worded in the Extradition Act 2003, and as implemented by the courts, sufficient to protect requested people's human rights?

10.  Is the practice of accepting assurances from requesting states to offset human rights concerns sufficiently robust to ensure that requested people's rights are protected?

·  What factors should the courts take into account when considering assurances? Do these factors receive adequate consideration at the moment?

·  To what extent is the implementation of assurances monitored? Who is or should be responsible for such monitoring? What actions should be taken in cases where assurances are not honoured?

Other Bars to Extradition

11.  What will be the impact of the forum bar brought into force under the Crime and Courts Act 2013?

12.  What will be the impact of the proportionality bar in relation to European Arrest Warrant applications recently brought into force under the Anti-social Behaviour, Crime and Policing Act 2014?

Right to Appeal and Legal Aid

13.  To what extent have changes to the availability of legal aid affected extradition practice, and the provision of specialist legal advice to requested persons?

·  What has been the impact of the removal of the automatic right to appeal extradition?


14.  Are the devolution settlements in Scotland and Northern Ireland fit for purpose in this area of law?

·  How might further devolution or Scottish independence affect extradition law and practice?

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