Extradition & Mutual Legal Assistance
Extradition Act 2003, Part 1/Part 2 extradition, and human rights bars.
Introduction
Extradition law governs the surrender of persons between states for prosecution or sentencing. The Extradition Act 2003 provides the framework. Part 1 covers Category 1 territories; Part 2 covers Category 2 territories (including the US). Human rights bars can prevent extradition.
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.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.
Key Statutes
Extradition Act 2003
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.