Extradition Act 2003

Last updated

Extradition Act 2003
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision about extradition.
Citation 2003 c. 41
Dates
Royal assent 20 November 2003
Commencement 1 January 2004
Other legislation
Repeals/revokes
Amended by
Status: Amended
Records of Parliamentary debate relating to the statute from Hansard, at TheyWorkForYou
Text of statute as originally enacted
Text of the Extradition Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
Extradition Act 1989
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to consolidate enactments relating to extradition under the Criminal Justice Act 1988, the Fugitive Offenders Act 1967 and the Extradition Acts 1870 to 1935, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
Citation 1989 c. 33
Dates
Royal assent 27 July 1989
Other legislation
Repeals/revokes
Repealed by Extradition Act 2003
Status: Repealed
Text of statute as originally enacted
Extradition Act 1873
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to amend the Extradition Act, 1870.
Citation 36 & 37 Vict. c. 60
Dates
Royal assent 5 August 1873
Other legislation
AmendsExtradition Act 1870
Repealed by Statute Law (Repeals) Act 2013
Status: Repealed
Extradition Act 1870
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act for amending the Law relating to the Extradition of Criminals.
Citation 33 & 34 Vict. c. 52
Dates
Royal assent 9 August 1870
Other legislation
Repeals/revokes
Amended byExtradition Act 1873
Repealed by Extradition Act 1989
Status: Repealed
Text of statute as originally enacted

The Extradition Act 2003 (c. 41) is an act of the Parliament of the United Kingdom which regulates extradition requests by and to the United Kingdom. The Act came into force on 1 January 2004. It transposed the European Arrest Warrant framework decision into British law and implemented the UK side of the controversial UK–US extradition treaty of 2003 before the treaty came into force in April 2007 after being ratified by the US Senate in 2006. [1] [2]

Contents

Provisions

The act is divided into five parts.

The procedure used by the courts is set down in the Criminal Procedure Rules 2015, part 50. [3]

Examination by Parliament

The act has been examined in two reviews by Parliament. The first in 2011 by Sir Scott Baker [4] making a series of recommendations and the second examination by the House of Lords Extradition Law Committee in 2014. [5]

As a result of campaigning and scrutiny by Parliament, several amendments were made in 2014 in the Anti-social Behaviour, Crime and Policing Act 2014. These included proportionality under section 21A and decision to try or charge under section 12A. [6]

Part 2 territories

Territories are designated as Category 2 territories both for the purposes of Part 2 of the Extradition Act, i.e. export extradition from the United Kingdom, and Part 3, i.e. import extradition to the United Kingdom.

These are the countries that the UK presently has extradition arrangements with: [7] [8]

Related Research Articles

<span class="mw-page-title-main">Devolution</span> Granting of some competences of central government to local government

Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.

<span class="mw-page-title-main">British Overseas Territories</span> Territories under the sovereignty of the United Kingdom

The British Overseas Territories (BOTs) are the 14 territories with a constitutional and historical link with the United Kingdom that, while not forming part of the United Kingdom itself, are part of its sovereign territory. The permanently inhabited territories are delegated varying degrees of internal self-governance, with the United Kingdom retaining responsibility for defence, foreign relations and internal security, and ultimate responsibility for good governance. All of the territories are inhabited by civilians, except three that are chiefly or only inhabited by military or scientific personnel. All fourteen have the British monarch as head of state. These UK government responsibilities are assigned to various departments of the Foreign, Commonwealth and Development Office and are subject to change.

<span class="mw-page-title-main">Extradition</span> Transfer of a suspect from one jurisdiction to another by law enforcement

In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.

<span class="mw-page-title-main">Crown Dependencies</span> Self-governing possessions of the British Crown

The Crown Dependencies are three offshore island territories in the British Islands that are self-governing possessions of the British Crown: the Bailiwick of Guernsey and the Bailiwick of Jersey, both located in the English Channel and together known as the Channel Islands, and the Isle of Man in the Irish Sea between Great Britain and Ireland. They are not parts of the United Kingdom (UK) nor are they British Overseas Territories. They have the status of "territories for which the United Kingdom is responsible", rather than sovereign states. As a result, they are not member states of the Commonwealth of Nations. However, they do have relationships with the Commonwealth and other international organizations, and are members of the British–Irish Council. They have their own teams in the Commonwealth Games.

<span class="mw-page-title-main">Special territories of members of the European Economic Area</span> Territories of EEA members with special status

The special territories of members of the European Economic Area (EEA) are the 32 special territories of EU member states and EFTA member states which, for historical, geographical, or political reasons, enjoy special status within or outside the European Union and the European Free Trade Association.

<span class="mw-page-title-main">Human rights in the United Kingdom</span> Overview of the observance of human rights in the United Kingdom

Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.

<span class="mw-page-title-main">Treaty of Accession 2005</span> Agreement expanding the European Union

The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union. As such it is an integral part of the constitutional basis of the European Union.

The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States.

The UK–US extradition treaty of 2003 was implemented by the UK in the Extradition Act 2003 and came into force in April 2007 following its ratification by the US Senate in 2006.

<span class="mw-page-title-main">Withdrawal from the European Union</span> Legal process of Article 50 of the Treaty of European Union

Article 50 of the Treaty on European Union (TEU) provides for the possibility of an EU member state leaving the European Union "in accordance with its own constitutional requirements".

Extradition law in Australia permits the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment. This may include a process done within the country or one between Australia and another country.

Louca v German Judicial Authority is an English criminal appeal, originating in the High Court and ending in the Supreme Court in 2009.

<span class="mw-page-title-main">Area of freedom, security and justice</span> EUs home affairs and justice policies

The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.

Syed Talha Ahsan is a British poet and translator. He is winner of the Platinum and Bronze Koestler Awards 2012 for his poetry.

<span class="mw-page-title-main">Treaties of the European Union</span>

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

<span class="mw-page-title-main">European Union (Withdrawal) Act 2018</span> United Kingdom legislation

The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.

<span class="mw-page-title-main">Brexit withdrawal agreement</span> 2020 EU–UK agreement for implementing Brexit

The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published half a year earlier. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019.

<i>Minister for Justice, Equality and Law Reform v Murphy</i> Irish Supreme Court case

Minister for Justice, Equality and Law Reform v Murphy, [2010] IESC 17; [2010] 3 IR 77, is an Irish Supreme Court case in which the Court determined that inpatient treatment with a restriction order attached to it in a European Arrest Warrant came within the meaning of "detention order" in s.10(d) of the European Warrant Act 2003. This gave the definition of "detention order" a wide meaning. The case involved an appeal against extradition to the United Kingdom.

References

  1. Human Rights Joint Committee (22 June 2011). "The UK's bilateral extradition treaties: US-UK Extradition Treaty 2003". The Human Rights Implications of UK Extradition Policy. Retrieved 8 August 2012.
  2. Torres, Carlos (30 September 2006). "Senate Unanimously Ratifies US, UK Extradition Treaty". Bloomberg L.P. Retrieved 12 September 2008. Ratification had been slowed by complaints from some Irish- American groups that the treaty would create new legal jeopardy for U.S. citizens who opposed British policy in Northern Ireland.
  3. "Rules and Practice Directions". www.justice.gov.uk. Retrieved 18 October 2019.
  4. "Review" (PDF). gov.uk. 30 September 2011. Retrieved 9 November 2019.
  5. "Extradition Law Committee". UK Parliament. Retrieved 18 October 2019.
  6. "Anti-social Behaviour, Crime and Policing Act 2014". www.legislation.gov.uk. Retrieved 18 October 2019.
  7. UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence  v3.0: "Annex C: Extradition with Territories outside the European Union". Archived from the original on 30 November 2016.
  8. "Extradition: processes and review". GOV.UK. Retrieved 18 October 2019.