1989 Act | Extradition Act 1989 (c.33)
|
2003 Act | Extradition Act 2003 (c.41)
|
2006 Act | Police and Justice Act 2006 (c.48)
|
2009 Act | Policing and Crime Act 2009 (c.26)
|
2013 Act | Crime and Courts Act 2013 (c.22)
|
2014 Act | Anti-social Behaviour, Crime and Policing Act 2014 (c.12)
|
Abuse of process | Something so unfair and wrong with the prosecution that the court should not allow the case to proceed.
|
Accusation case | A case that has yet to be tried.
|
Arguable case threshold | Requirement to demonstrate that there are adequate legal grounds for the case to be heard at appeal.
|
Assurances | An undertaking given by the Issuing State usually addressing concerns about a Requested Person's human rights in the event of extradition.
|
Baker Review | A Review of the United Kingdom's Extradition Arrangements, September 2011
|
CAFCASS | Children and Family Court Advisory and Support Service
|
CJEU | Court of Justice of the European Union
|
CPS | Crown Prosecution Service
|
Conviction case | A case that has gone to trial and on which a guilty verdict has been returned.
|
Duty solicitor | Lawyer on the duty rota representing the Requested Person at their initial hearing.
|
Double jeopardy | The rule that prevents a person from being tried or punished twice for the same offence.
|
DoJ | Department of Justice (United States)
|
DPP | Director of Public Prosecutions
|
Dual criminality | The principle that extradition should only take place in respect of conduct which is not only an offence against the law of the Issuing State but also against the law of the Executing State. The principle does not apply in most EAW cases.
|
Dual representation | Practice of having a lawyer representing the Requested Person in both the Issuing and Executing State.
|
Duty rota | Schedule at magistrates' courts specifying which duty solicitor is working at a given time. The Westminster Magistrates' Court has a specialist extradition duty solicitor rota (see Box 9).
|
EAW | European Arrest Warrant
|
EAW handbook | Good practice guidelines for issuing EAW published by the Council of the European Union
|
ECE | European Convention on Extradition
|
ECHR | European Convention on Human Rights
|
ECtHR | European Court of Human Rights
|
EIO | European Investigation Order
|
ESO | European Supervision Order
|
EU | European Union
|
Executing State | Country that receives the extradition request.
|
Extradition | Legal process whereby one country transfers a person to another country to stand trial or serve a custodial sentence.
|
FBI | Federal Bureau of Investigation (United States)
|
Forum | The country in which prosecution takes place.
|
Forum bar | Provision to bar extradition on the grounds of forum (see Chapter 4).
|
FCO | Foreign and Commonwealth Office
|
Framework Decision | Council Framework Decision of 13 June 2002 on the European Arrest 0057arrant and the surrender procedures between Member States (2002/584/JHA), OJ L 190, 18.7.2002
|
Full Code Test | A test applied by UK prosecutors requiring that, in the light of a complete investigation having been conducted, there is sufficient evidence to provide a realistic prospect of conviction and that the evidence demonstrates prosecution would be in the public interest.
|
HAC Report | The US-UK Extradition Treaty, House of Commons Home Affairs Committee, 20th Report of the Session 2010-12, HC 644
|
Human Rights Bar | Provision to bar extradition on the grounds that it would contravene the rights contained in the ECHR (see Chapter 2).
|
Initial hearing | Requested Person's first appearance in court at which either a person may consent to extradition or the judge will set a date for a substantive hearing.
|
Issuing State | Country seeking the extradition of an individual or individuals (also referred to as the Requesting or Receiving State).
|
JCHR Report | The Human Rights Implications of UK Extradition Policy, Joint Committee on Human Rights, 15th Report of Session 2010-12, HL 156, HC 767
|
LAA | Legal Aid Agency
|
Leave to appeal | Submission by the Requested Person as to why they should be allowed to appeal a lower court's decision to allow extradition.
|
Legal aid | Contribution by the state towards the cost of legal advice, family mediation and representation in court.
|
Legality | Obligation on prosecutors in some EAW Member States to use all legal means to bring an individual to justice.
|
Means test | Assessment of whether an individual meets stipulated criteria to be eligible for state assistance.
|
MoJ | Ministry of Justice
|
NCA | National Crime Agency
|
NPM | National preventive mechanism
|
OPCAT | Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
|
Othman criteria | Criteria used by the courts to test the robustness of assurances offered by the Issuing State (see Box 5).
|
Part 1 country | Refers to countries falling under Part 1 of the Extradition Act 2003; these being countries operating the EAW.
|
Part 2 country | Refers to countries falling under Part 2 of the Extradition Act 2003; these being all countries, aside from EAW Member States, with which the UK has extradition arrangements.
|
Plea bargain | An agreement between the prosecutor and defendant whereby the defendant agrees to plead guilty in exchange for facing lesser charges and/or a reduced sentence.
|
Proportionality bar | Provision to bar extradition on the grounds that it would be disproportionate. Applicable to EAW accusation cases only. If a judge finds extradition to be disproportionate he must order the Requested Person's discharge (see Chapter 3).
|
Protocol 36 | Protocol (No 36) on Transitional Provisions, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union
|
Public interest test | Consideration by the Crown Prosecution Service of specified criteria so as to decide whether to bring a prosecution.
|
Requested Person | Person sought for extradition.
|
Requesting State | See 'Issuing State'.
|
Schengen Information System (SIS II) | Database which enables the 26 Member Countries of the Schengen Area to share data on law enforcement.
|
SIS | Schengen Information System
|
SIS II | Second-generation Schengen Information System. SIS II will become the main way of transmitting information about people wanted on EAWs.
|
SLAB | Scottish Legal Aid Board
|
Special Advocate | A lawyer appointed to represent the interests of a party in closed proceedings.
|
Specialty | Rule prohibiting a person being dealt with in the Issuing State for matters other than those referred to in the extradition request. The Extradition Act 2003 refers to specialty as 'speciality'.
|
Supermax prison | A shorthand term to describe 'super maximum security' prison in the US.
|
Threshold Test | A test applied by prosecutors which is lower than the Full Code Test and is applied where the suspect presents a substantial bail risk and not all the evidence is available at the time when he or she must be released from custody unless charged.
|
Ticketing | Process whereby legal professionals are accredited to work in specialist areas of the law (see Box 9).
|
US-UK Treaty | Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America (United States No. 1 (2003), Cm 5821)
|