Operational Policing

Extradition procedures in the UK

This page outlines the main stages and procedures in extradition requests made to the United Kingdom.

On 1 January 2004, the Extradition Act 2003 came into force. Requests made on or after 1 January 2004 are dealt with under the 2003 Act. However, unless or until the Crown dependencies and British Overseas Territories amend their legislation, the Extradition Act 1989 will still apply to them.

On 15 January 2007, certain amendments to the 2003 Act were given effect in the UK by Schedule 13 of the Police and Justice Act 2006 (new window).

This guide does not explain the procedures for Scotland which, because of its separate legal system, are slightly different from those for the rest of the United Kingdom. A separate guide to Scottish procedures will be available soon on the Scottish Executive web-site. Although Northern Ireland conducts its own extradition proceedings, they will be broadly similar to those for England and Wales.

Extradition Relations

The United Kingdom has extradition relations with more than 100 countries under multilateral extradition conventions or agreements, or under bilateral extradition treaties. These are designated in the 2003 act as being either category 1 or category 2 territories.

Under the 2003 Act, EU Member States who have implemented the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States are designated under part 1 of the Act. Details regarding part 1 of the Act can be found on the relevant page (see sidebar).

Other territories with whom the United Kingdom has extradition relations have been designated as category 2 territories under part 2 of the 2003 Act.

The UK can also have extradition relations with parties to in ternational conventions, of which the UK is also a member, which contain extradition provisions, relating to specific very serious crimes. This is provided for within section 193 of the Extradition Act 2003. A list of the territories designated under this section, together with the conventions they have been designated under, can be found in Statutory Instrument 2005 No. 46, which can be found on the Office of Public Sector Information (new window) website.

Section 194 of the Act also provides for the negotiation of a special arrangement for extradition with states whom no other extradition provisions exist. These types of provisions are only rarely used.

Legal Representation

The Issuing State is generally represented before the courts in England and Wales by the Crown Prosecution Service (new window) (CPS). It may therefore be beneficial for Issuing States to approach the CPS prior to the submission of a request to seek advice from them on the content or format of any request (and supporting documents) that they intend to submit. Alternatively, requesting territories may wish to instruct their own legal representatives in which case they may wish to consult them for advice before making a request.

For more information, contact ExtraditionPolicySection@homeoffice.gsi.gov.uk