Extradition Act 2003

Summary

The Extradition Act 2003 provides the legal framework for extradition from the UK. It divides requesting territories into Category 1 (European Arrest Warrant countries — Part 1) and Category 2 (all other countries with extradition treaties — Part 2). The Act sets out the procedures, bars to extradition, and rights of appeal for requested persons.

Key Points

• Part 1: Category 1 territories — European Arrest Warrant (EAW) countries. Extradition based on a warrant issued by a judicial authority. No prima facie case requirement
• Part 2: Category 2 territories — countries with bilateral extradition treaties. Generally requires a prima facie case unless designated otherwise
• Bars to extradition include: double jeopardy (s.12), absence of prosecution decision (s.12A), passage of time (s.14), and human rights (s.21)
• Forum bar (s.19B) — extradition may be barred if a substantial part of the conduct occurred in the UK and it would not be in the interests of justice to extradite
• Section 21A: proportionality bar for EAW requests — judge must consider whether extradition would be disproportionate
• Right of appeal to the High Court against both extradition and discharge decisions (ss.26-35, ss.103-116)
• Part 1: Category 1 territories — arrest warrants from specified countries
• Part 2: Category 2 territories — extradition requests under bilateral treaties
• Human rights bars (s.21) — extradition refused if it would breach ECHR rights
• Proportionality bar for Part 1 (s.21A)
• Forum bar (s.19B) — refusal if substantial conduct occurred in the UK
• Specialty rule — prosecution only for the extradition offence
• Part 1 (EAW) and Part 2 (treaty) regimes
• Human rights bars including Article 3 and Article 6
• Forum bar where substantial conduct occurs in UK
• Proportionality bar for Part 1 cases
• Part 1 (Category 1) and Part 2 (Category 2) territories
• Human rights bars to extradition (Article 3, Article 8)
• Forum bar where substantial conduct in UK
• Specialty and double jeopardy protections

Parts & Sections

Amendments History

Frequently asked questions

What are the two main categories of extradition under the Extradition Act 2003?

The Extradition Act 2003 divides requesting territories into two categories. Category 1 covers European Arrest Warrant countries, where extradition is based on a warrant issued by a judicial authority without a prima facie case requirement. Category 2 covers all other countries with bilateral extradition treaties, which generally require a prima facie case unless designated otherwise.

What are the main legal bars that can prevent extradition from the UK?

Extradition can be prevented by several legal bars. These include double jeopardy, the absence of a prosecution decision, the passage of time, and human rights concerns. Additionally, a forum bar may apply if a substantial part of the conduct occurred in the UK and extradition would not be in the interests of justice.

What is the forum bar and when does it apply?

The forum bar, introduced by the Crime and Courts Act 2013, allows a judge to refuse extradition if a substantial part of the conduct occurred in the UK. The judge must determine whether it would be in the interests of justice to extradite the person in these circumstances.

What is the proportionality bar for European Arrest Warrant cases?

For Category 1 territories, such as European Arrest Warrant countries, a judge must consider whether extradition would be disproportionate. This proportionality bar was introduced by the Crime and Courts Act 2013. It requires the judge to make a specific decision on the proportionality of the extradition request.

How do human rights affect the extradition process?

Extradition must be refused if it would breach rights under the European Convention on Human Rights. The Act specifically references bars related to Article 3 and Article 6 rights. This ensures that the fundamental human rights of the requested person are protected during the extradition process.

Can a person appeal an extradition decision in the UK?

A requested person has the right to appeal to the High Court. This right applies against both decisions to extradite and decisions to discharge the person. The Act sets out specific procedures for these appeals, ensuring that the requested person can challenge the outcome of the extradition proceedings.