Derecho de extradición
Ley de Extradición 2003, extradición y barreras de derechos humanos.
Introducción
El derecho de extradición rige la entrega de personas buscadas entre el Reino Unido y otros países.
In Brief
Extradition is governed by the Extradition Act 2003. EU member states use Part 1 (European Arrest Warrant) procedures; the US and other countries use Part 2. The court considers bars including human rights (ECHR, s.21), dual criminality (Part 2), the forum bar (substantial UK conduct, s.19B), passage of time, and the death penalty. Appeals lie to the High Court. The Secretary of State has a limited role in Part 2 cases.
Principios fundamentales
Dual Criminality — For Part 2, the offence must be criminal in both states.
Human Rights Bars — Extradition refused if it would breach ECHR rights (s.21).
Proportionality — For Part 1, the court considers whether extradition is proportionate (s.21A).
Forum Bar — Extradition may be refused if substantial conduct occurred in the UK (s.19B).
Specialty Rule — The requesting state may only prosecute for the extradition offence.
Leyes clave
Extradition Act 2003
Casos principales
Norris v Government of USA
[2010] UKSC 9
Assange v Swedish Prosecution Authority
[2012] UKSC 22
Escenarios comunes
US requests extradition for fraud
Under Part 2, the Secretary of State certifies the request. The District Judge considers bars including human rights, dual criminality, and forum. Appeal lies to the High Court.
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Frequently Asked Questions
Can I be extradited to another country from the UK?
Yes — the UK has extradition arrangements with many countries under the Extradition Act 2003. EU member states use Part 1 procedures (arrest warrants). Other countries (Category 2, including the USA and many Commonwealth states) use Part 2 procedures, which involve greater court scrutiny. Extradition can be refused on grounds including human rights (ECHR), dual criminality, the passage of time, forum (conduct mainly in the UK), and the death penalty.
What human rights grounds can block extradition?
Under s.21 Extradition Act 2003, extradition must be refused if it would be incompatible with the person's ECHR rights. Commonly raised grounds include Article 3 (prison conditions amounting to inhuman treatment), Article 5 (risk of arbitrary detention), Article 6 (lack of a fair trial in the requesting state), and Article 8 (disproportionate interference with family life). The courts apply a high threshold — mere inconvenience is not enough.
What is the forum bar to extradition?
Under s.19B of the Extradition Act 2003 (inserted by the Crime and Courts Act 2013), extradition of a UK national or resident can be barred if a substantial part of the conduct occurred in the UK, and extradition is not in the interests of justice. The court considers the location of most of the harm, whether UK prosecutors have reviewed the case, and the interests of victims in the UK.
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