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


1989 ActExtradition Act 1989 (c.33)
2003 ActExtradition Act 2003 (c.41)
2006 ActPolice and Justice Act 2006 (c.48)
2009 ActPolicing and Crime Act 2009 (c.26)
2013 ActCrime and Courts Act 2013 (c.22)
2014 ActAnti-social Behaviour, Crime and Policing Act 2014 (c.12)
Abuse of processSomething so unfair and wrong with the prosecution that the court should not allow the case to proceed.
Accusation caseA case that has yet to be tried.
Arguable case thresholdRequirement to demonstrate that there are adequate legal grounds for the case to be heard at appeal.
AssurancesAn undertaking given by the Issuing State usually addressing concerns about a Requested Person's human rights in the event of extradition.
Baker ReviewA Review of the United Kingdom's Extradition Arrangements, September 2011
CAFCASSChildren and Family Court Advisory and Support Service
CJEUCourt of Justice of the European Union
CPSCrown Prosecution Service
Conviction caseA case that has gone to trial and on which a guilty verdict has been returned.
Duty solicitorLawyer 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.
DoJDepartment of Justice (United States)
DPPDirector of Public Prosecutions
Dual criminalityThe 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 representationPractice of having a lawyer representing the Requested Person in both the Issuing and Executing State.
Duty rotaSchedule 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).
EAWEuropean Arrest Warrant
EAW handbookGood practice guidelines for issuing EAW published by the Council of the European Union
ECEEuropean Convention on Extradition
ECHREuropean Convention on Human Rights
ECtHREuropean Court of Human Rights
EIOEuropean Investigation Order
ESOEuropean Supervision Order
EUEuropean Union
Executing StateCountry that receives the extradition request.
ExtraditionLegal process whereby one country transfers a person to another country to stand trial or serve a custodial sentence.
FBIFederal Bureau of Investigation (United States)
ForumThe country in which prosecution takes place.
Forum barProvision to bar extradition on the grounds of forum (see Chapter 4).
FCOForeign and Commonwealth Office
Framework DecisionCouncil 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 TestA 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 ReportThe US-UK Extradition Treaty, House of Commons Home Affairs Committee, 20th Report of the Session 2010-12, HC 644
Human Rights BarProvision to bar extradition on the grounds that it would contravene the rights contained in the ECHR (see Chapter 2).
Initial hearingRequested 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 StateCountry seeking the extradition of an individual or individuals (also referred to as the Requesting or Receiving State).
JCHR ReportThe Human Rights Implications of UK Extradition Policy, Joint Committee on Human Rights, 15th Report of Session 2010-12, HL 156, HC 767
LAALegal Aid Agency
Leave to appealSubmission by the Requested Person as to why they should be allowed to appeal a lower court's decision to allow extradition.
Legal aidContribution by the state towards the cost of legal advice, family mediation and representation in court.
LegalityObligation on prosecutors in some EAW Member States to use all legal means to bring an individual to justice.
Means testAssessment of whether an individual meets stipulated criteria to be eligible for state assistance.
MoJMinistry of Justice
NCANational Crime Agency
NPMNational preventive mechanism
OPCATOptional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Othman criteriaCriteria used by the courts to test the robustness of assurances offered by the Issuing State (see Box 5).
Part 1 countryRefers to countries falling under Part 1 of the Extradition Act 2003; these being countries operating the EAW.
Part 2 countryRefers 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 bargainAn 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 barProvision 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 36Protocol (No 36) on Transitional Provisions, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union
Public interest testConsideration by the Crown Prosecution Service of specified criteria so as to decide whether to bring a prosecution.
Requested PersonPerson sought for extradition.
Requesting StateSee 'Issuing State'.
Schengen Information System (SIS II) Database which enables the 26 Member Countries of the Schengen Area to share data on law enforcement.
SISSchengen Information System
SIS IISecond-generation Schengen Information System. SIS II will become the main way of transmitting information about people wanted on EAWs.
SLABScottish Legal Aid Board
Special AdvocateA 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 prisonA shorthand term to describe 'super maximum security' prison in the US.
Threshold TestA 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.
TicketingProcess whereby legal professionals are accredited to work in specialist areas of the law (see Box 9).
US-UK TreatyExtradition 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)

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