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Extradition is the formal surrender by one country to another, based on reciprocal laws, treaties or arrangements partly judicial and partly administrative, of an individual accused or convicted of a serious criminal offence committed outside the territory of the extraditing state and within the jurisdiction of the requesting state which, being competent by its own law to try and punish him, requests the individual's surrender.
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Extradition from the UK (cat 2 request)鈥攃hecklist This Checklist summarises the extradition process from the UK under Part 2 of the Extradition Act 2003 (EA 2003) and the key issues which need to be considered. This should be read in conjunction with Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003鈥攑rocedure which explains the procedure to be followed. For extradition under EA 2003, Pt 1, see: Extradition from the UK (cat 1 request)鈥攃hecklist. Extradition to category 2 territories Where an extradition request is received from a non-EU country with which the UK has a bilateral treaty: 鈥 the request is received by the Secretary of State for the Home Department acting through the UK Central Authority at the Home Office (UKCA) 鈥 subject to a limited discretion under EA 2003, s 70(2), the Secretary of State must certify the request if it is stated to be for the purpose of prosecuting or punishing a person accused or convicted of an offence in a category 2 territory...
Can my client be extradited?鈥攃hecklist This Checklist outlines the key questions practitioners need to consider when dealing with a client subject to a request for extradition. For a step by step guide to the procedure under EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003鈥攑rocedure as well as Extradition from the UK (cat 1 request)鈥攃hecklist and Extradition from the UK (cat 2 request)鈥攃hecklist. This Checklist should be read in conjunction with Practice Note: Extradition and the statutory framework鈥攁n introduction to extradition which explains both the framework for extradition in the UK as well as the impact Brexit had on extradition between the UK and EU member states. Principles determining extradition under the Extradition Act 2003 The preliminary questions to consider in respect of a client subject to a request for extradition are: 鈥 does your client fall into Category 1鈥攊s this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued prior to...
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Consent by a requested person to extraditionConsent to extradition is when a requested person agrees to their own extradition pursuant to a request for extradition made under the Extradition Act 2003 (EA 2003), Pts 1 and 2 before an order or an extradition decision is made.Ability to consent to extraditionThe ability to consent to extradition applies to a requested person arrested pursuant to:鈥 Pt 1 warrant鈥 Pt 2 warrant, or鈥 provisional warrant issued at the request of a category 1 or 2 territory鈥he power of provisional arrest under EA 2003, s 74AA requested person can consent both when the extradition request is based on an accusation and on a conviction.A requested person cannot consent in extradition proceedings taking place as a result of the UK entering into a special extradition arrangement under EA 2003, s 194 with a territory that is not a category 1 or 2 territory.Timing of consent to extraditionThe extradition judge must inform the requested person at their first hearing in the magistrates鈥 court of:鈥he ability to...
Time limits for extradition under the Extradition Act 2003Extradition must take place within the time limits prescribed in the Extradition Act 2003 (EA 2003), which are strictly applied.Time limit for extradition to a category 1 territory Extradition to a category 1 territory must take place within ten days of:鈥he expiry of the seven-day time limit for giving notice of appeal against the extradition order, or鈥ny later date agreed by the extradition judge and the issuing authority in the category 1 territoryBut where a requested person gives notice of application for leave to appeal after the end of the required period, the High Court must not refuse to entertain the application for that reason if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.In Greece v O鈥機onnor, the Supreme Court held that there should be jurisdiction to entertain a late application for leave to appeal if the person ordered to be extradited had themselves done everything possible to ensure that...
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Illegality in a judicial review context, what is it? When is it an actionable ground of challenge and what must be established for a challenge to succeed? Illegality in a judicial review context A public body is not permitted to act beyond the scope of its powers and duties, which may be defined by reference to applicable legislation, whether domestic or European (including EU law and the European Convention on Human Rights). In other words, a public body is not entitled to act without jurisdiction, or fail to act when it is required to do so; such actions are considered to be illegal in a judicial review context. An anachronistic distinction between jurisdictional and non-jurisdictional errors of law, which restricted the availability of judicial review in certain circumstances, was abolished by the House of Lords in Anisminic Ltd v Foreign Compensation Commission. In Council of the Civil Service Unions v Minister for the Civil Service, at para [410] Lord Diplock stated: 鈥楤y 鈥渋llegality鈥 as a ground...
How should the suitability provisions of Appendix FM be applied in spouse entry clearance applications where an applicant has overseas criminal convictions and was under 18 at the time? This Q&A relates to how custodial sentences and non-custodial matters affect consideration of entry clearance applications. It is limited to cover applications made under Appendix FM of the Immigration Rules. The criteria for spouse entry clearance are set out in Appendix FM of the Immigration rules. A series of 鈥榮uitability鈥 and 鈥榚ligibility鈥 criteria must be addressed when preparing an application. An entry clearance applicant鈥檚 good character is assessed with reference to the suitability provisions set out in Section S-EC. Some suitability grounds for refusal are mandatory; others are discretionary. For more information, see Practice Note: Appendix FM: the suitability requirements and the general grounds for refusal. Note at the outset that a client must be advised to disclose all criminal convictions, cautions and other out of court disposal. Failure to do so is a discretionary ground for...
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The Law Commission has published a scoping review examining UK international cooperation and extradition laws. The review, authored by Durham University's Gemma Davies, identifies significant issues with the Extradition Act 2003, including case volume pressures and forum bar operation problems. It also finds the UK's mutual legal assistance system lacks clear statutory framework and highlights fragmented criminal jurisdiction rules.
This week's edition of Corporate Crime weekly highlights includes analysis of the FCA鈥檚 Enforcement Guide including its new investigations publicity policy, of UK law enforcement powers to seize cryptoassets in criminal prosecutions and civil recovery proceedings, of how the SFO plans to share data and offer training to companies to prevent economic crime and of the key provisions of the Victims and Courts Bill. Also included is news of the Sentencing Guidelines (Pre-sentence Reports) Bill and the Data (Use and Access) Bill receiving Royal Assent, a revised Sentencing Council imposition of community and custodial sentences guideline from 1 September 2025, of the publication of OFSI鈥檚 fourth threat assessment report as well as the latest enforcement news from the HSE and the EA. All this, and more, in this week鈥檚 Corporate Crime highlights.
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