Annex C: Extradition with Territories outside the European Union
- C(i): Bilateral Extradition Treaties
- C(ii): List of Category 2 Territories
- C(iii): The Extradition Act 2003 (Parties to International Conventions) Order 2005, S.I. 46/2005
- C(iv) Flowchart of the Extradition Process
As it is usually possible to make an extradition request to all but a handful of countries Annex C is provided for reference purposes should prosecutors wish to confirm the status of a given territory.
- C(i) is an FCO link to most of the United Kingdom's bilateral extradition treaties
- C(ii) shows category 2 territories
- C(iii) refers to 'Parties to International Conventions'; i.e. additional territories to which the Extradition Act applies pursuant to orders made by the Secretary of State.
C(i): Bilateral Extradition Treaties
Foreign & Commonwealth Office link to the United Kingdom's bilateral extradition treaties; provided by FCO as a reference guide only, as many of the treaties have been superseded by later legal instruments including the EAW.
C(ii): List of Category 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.
Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Canada, Chile , Colombia, Cook Islands, Croatia, Cuba, Dominica, Ecuador, El Salvador, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Hong Kong SAR, Haiti, Iceland, India, Iraq, Israel, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Libya, Liechtenstein, Macedonia FYR, Malawi, Malaysia, Maldives, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nauru, New Zealand, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, Russian Federation, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Switzerland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Tuvalu, Uganda, Ukraine, Uruguay, United Arab Emirates, United States of America, Vanuatu, Western Samoa, Zambia, Zimbabwe
C(iii): The Extradition Act 2003 (Parties to International Conventions) Order 2005, S.I. 46/2005
Section 193 Extradition Act refers to 'Parties to International Conventions' and to territories that are not designated as either Category 1 or 2 territories (i.e. those not listed at Annex B(i) or Annex C(ii) above). Section 193 provides that if a territory is designated by order of the Secretary of State then the Extradition Act applies to that territory as if it were a category 2 territory. The Secretary of State may only designate a territory in this way if it is a party to an international convention to which the United Kingdom is also a party. The relevant designation order is SI 2005 No.46, the Extradition Act 2003 (Parties to International Conventions) Order 2005.
Link to SI 2005 No.46 and Explanatory Memorandum -
http://www.legislation.gov.uk/uksi/2005/46/contents/made
A state will only be designated as a category 2 territory in this way in relation to certain conduct only, i.e. the conduct to which the relevant international convention applies. The applicable conventions are usually specific to a certain type of offending; for example -
- Convention for the Suppression of Unlawful Seizure of Aircraft signed at the Hague on 16th December 1970 ("the Hague Convention") - aviation related offences
- United Nations United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was signed in Vienna on 20th December 1988 ("the Vienna Convention") - trafficking of drugs offences
- United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the United Nations General Assembly on 10th December 1984 ("the Torture Convention") - torture offences
- The relevance for requests for import extradition to the United Kingdom is that if a non category 1 or 2 territory is listed in SI 2005 No.46, then an import extradition request can be made, via the Special Crime and Counter Terrorism Divisions Extradition Unit, for conduct that falls within the scope of the relevant applicable convention.
C(iv) Flowchart of the Extradition Process
(return to paragraph 4.2)
1. POLICE
Police or other investigative agency investigate the offence and submit file to CPS
2. CROWN PROSECUTION SERVICE
a) Reviewing lawyer considers if Code Tests are passed for specified offences; if so, liaises with specialist Extradition Unit, which drafts the request (but Special Crime Group lawyers draft their own requests)
b) Request passed to Judicial Co-operation Unit of Home Office
3. HOME OFFICE
a) Requests to category 2 territories are made on a state-to-state basis (unlike EAWs)
b) Judicial Co-operation Unit receives request. Extradition requests transmitted to foreign state under authority of the Secretary of State for the Home Department
c) Basis of request -
- Treaty or multi-lateral agreement (common)
- Special arrangement, s194 EA, arranged by Home Office (rare)
- Parties to International Conventions, s193 EA (rare)
4. FOREIGN STATE
a) Post arrest, undertakes extradition process in accordance with the basis of the request and foreign state's domestic law
b) Evidential requirements will depend on applicable extradition instrument; e.g. many states will not require prima-facie evidence, including European Convention states
5. SURRENDER OF PERSON
a) If extradition is ordered, UK police collect person and return to UK
b) Person brought before relevant UK court in 'accusation' cases or to be sentenced; in post sentence cases, person taken to prison to continue sentence
6. UPON RETURN TO UK
a) If purpose of request was to prosecute or sentence the person, matter progresses from first court hearing as per any purely domestic matter
b) If specialty rules require, possible application to foreign state to prosecute further offences
OTHER ISSUES
a) Temporary surrender - if person is serving a sentence in the other state, 'temporary surrender' may be requested, and Secretary of State can issue undertakings as requested by executing authority (e.g. that person will be remanded in custody whilst in UK and returned when trial concludes)
b) Provisional arrest - SOCA may issue a 'Red Notice' for a person's provisional arrest. Will only do so with permission of CPS. Only done in exceptional circumstances, e.g. risk of flight before formal extradition request can be made
c) Surrender of own nationals - some states refuse to surrender own nationals. However, extradition instruments usually allow for transfer of proceedings to the requested state, to avoid state being a 'safe haven'. For example, article 16(1) of The London Scheme For Extradition Within The Commonwealth
