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Extradition to category 1 territories

This covers export extradition to all European Union countries operating the European Arrest Warrant System which have been designated as such by the Home Secretary.

Extradition to category 2 territories

This covers export extradition to all other countries, including other European Union countries that have not yet implemented the European Arrest Warrant.

Up to date list of territories and their extradition status in relation to the UK, on the Home Office website.

Category one territories are listed at the top of the Extradition Act 2003 Part 1 page, and Category two territories are listed at the top of the Extradition Act 2003 Part 2 page.

Legal guidance:

Jurisdiction

Home » News Centre » Fact Sheets » Extradition

Extradition

What is 'Extradition'?

Note: This is a simple introduction to a complex subject. It is not a statement of the law, and does not cover everything. Similar but separate procedures apply in Scotland and Northern Ireland.

Extradition is the formal procedure for returning people located in one country to another country for legal reasons, including:

  • criminal prosecution
  • to be sentenced for offences for which they have been convicted
  • the carrying out of a sentence that has already been imposed

It is covered by the Extradition Act 2003, which covers all extradition requests from 2004 on.

What are 'Export' and 'Import' extradition requests?

An 'Export' extradition request is for the extradition of someone from the UK. (This is also known as 'incoming' extradition request, as the request comes in from another country.)

An 'Import' extradition request is for the extradition of someone to the UK. (This is also known as 'outgoing' extradition request, as the request goes out from the UK to another country.)

What offences can people be extradited for?

This depends on the country the person is to be extradited to or from.

Which countries can people be extradited from?

Requests for extradition can go to, or come from, any country.

For an extradition to be possible, the following conditions must be met:

  • There is an extradition convention or treaty in force with the country concerned. (For most European Union countries, this is covered by European Arrest Warrant (EAW) agreements).
  • The offence is an extradition offence within the meaning of the relevant convention or treaty. Usually this will require the offence concerned to be punishable by at least 12 months imprisonment and in a conviction case where the defendant has been sentenced, where a minimum of 4 months imprisonment has been imposed.
  • The purpose of seeking extradition is to secure the person's return to face prosecution for that offence or, if convicted, to be sentenced or to carry out a sentence already imposed.
  • There are no bars to the extradition (see below).
  • Enough admissable evidence to establish that there is a case to answer must be included in the request, except for European Arrest Warrant countries and USA, Canada, Australia and New Zealand.
  • The details of how export extradition (extraditing  someone from the UK) is handled depends on whether the requesting country is a 'category one' or 'category two' territory.
    • A category one territory is a European Union (EU) country operating the European Arrest Warrant (EAW) System which has been designated as such by the Home Secretary.
    • A category two territory is all countries not included in category one, including other EU countries that have not yet implemented the EAW.

An up to date list of territories and their extradition status in relation to the UK can be found on the Office of Public Sector Information website.

When will people not be extradited?

Bars to extradition include:

  • Extradition would not be compatible with the person's rights under the European Convention on Human Rights
  • The person has been, or could be, or will be sentenced to death
  • There are no arrangements in force with the requesting territory. This ensures that the person extradited will only be dealt with for those matters in respect of which his extradition is ordered.
  • If the person has been extradited to the UK they cannot be extradited to another country without the consent of the country they were originally extradited from.

What right of appeal do people have against extradition?

Appeals can be made against the decisions of the District Judge and the Home Secretary. These go to the Administrative Court. Notice of appeals must be given within 14 days of the decision.

In some cases it is also possible to appeal from the Administrative Court to the House of Lords.