Extradition & Mutual Legal Assistance
The law and procedure for surrendering a person from the UK to face prosecution or serve a sentence abroad: the Extradition Act 2003's Part 1 (Category 1 territories) and Part 2 (Category 2, including the USA) routes, and the human rights, proportionality, and forum bars.
Introduction
Extradition from the UK is governed by the Extradition Act 2003. Part 1 covers Category 1 territories and uses arrest-warrant procedures with limited executive involvement; Part 2 covers Category 2 territories, including the United States, and gives the Secretary of State a certifying role alongside fuller court scrutiny. For unconvicted persons under Part 1, the judge must decide both whether extradition would be compatible with Convention rights under the Human Rights Act 1998 and whether it would be disproportionate (s.21A). A forum bar under s.19B blocks extradition to a Category 1 territory where a substantial measure of the person's relevant activity took place in the UK and extradition would not be in the interests of justice. Extradition proceedings begin at Westminster Magistrates' Court, with a right of appeal to the High Court on points of law and fact, and onward permission-based appeal to the Supreme Court. Jurisdiction: UK-wide.
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.21A for a person not yet convicted, s.21 for a person unlawfully at large), 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.
Core Principles
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.21A for a person not yet convicted; s.21 for a person unlawfully at large).
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.
Key Statutes
Extradition Act 2003
Leading Cases
Norris v Government of USA
[2010] UKSC 9
Assange v Swedish Prosecution Authority
[2012] UKSC 22
Common Scenarios
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.
Related Careers
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.21A Extradition Act 2003 (for a person not yet convicted) or s.21 (for a person unlawfully at large), 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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