Part 1 Export Extradition
Role of NCIS
The National Criminal Intelligence Service (NCIS) is the designated authority for the receipt of Part 1 export EAWs from the UK. NCIS decides whether to certify the warrant concerned. To qualify, the warrant must have been issued by an appropriate authority entitled to issue (EAWs). In case of accused persons it must contain a statement to the effect that the person is accused of the offence specified in the EAW and the EAW is issued for the purpose of securing his return for the purpose of prosecution for that offence.
In the case of convicted persons the statement must be to the effect that the person is unlawfully at large after conviction for the offence specified in the warrant and the warrant is issued in order to secure their return for the purpose of sentence or the carrying out of a sentence if one has already been imposed. The warrant must contain specified information including details of identity, the offence and the sentence that could be imposed or has been imposed if already convicted and sentenced. Certification enables the warrant to be executed by a constable without the need to obtain a UK warrant.
Role of CPS
The CPS acts as the representative for the requesting judicial authority in the proceedings before English courts. All export extradition cases where the person is arrested in England and Wales are dealt with at Bow Street Magistrates Court in London.
Arrest on a Certified EAW
The subject of an EAW ("the person") may be arrested by a police or customs officer on the basis of the certified EAW itself (see above). Where this happens they must be produced at Bow Street Magistrates' Court as soon as practicable.
Provisional Arrest
In circumstances of urgency the person may be arrested by a police or customs officer who has reasonable grounds for believing that an EAW has been or will be issued. This is known as provisional arrest. Where this happens the person must be produced at Bow Street Magistrates Court within 48 hours of arrest along with the certified Part 1 warrant.
Initial Hearing
The first hearing after arrest is known as the initial hearing. It is conducted in front of a District Judge. At the initial hearing the District Judge must:
- Decide whether the individual arrested is the person named on the warrant.
- Fix a date for the start of the extradition hearing within 21 days of the date of arrest.
- Inform the person about the content of the EAW.
- Explain to the person that he/she may consent to return.
- Decide whether to grant bail or remand the individual in custody pending the Extradition Hearing.
Extradition Hearing
At this hearing the District Judge must decide a number of issues, such as:
- Is the offence an extraditable offence?
- Are there any bars to the extradition?
- Is the extradition compatible with the person's rights under the European Convention on Human Rights?
If the District Judge is satisfied that these issues have been met then they must make an order for the person's extradition.
Appeals
Appeals against the District Judge's decision go to the Administrative Court. Notice of appeal must be given within 7 days. The appeal must commence within 40 days of arrest, although the Administrative Court can extend this period if the interests of justice require it to do so. It is possible to appeal from the Administrative Court to the House of Lords, provided that the Administrative Court certifies that the appeal involves a point of law of general public importance and either the Administrative Court or the House of Lords gives leave for the appeal to be brought.
Extradition
Where there is no appeal, the person must be extradited to the requesting category 1 territory within 10 days of the extradition order. Otherwise extradition must take place within 10 days of the conclusion of the appeal proceedings, assuming that the outcome of the appeal does not affect the extradition order.
Requests made when there are existing domestic matters
If an extradition request is made for a defendant who has already been charged with an offence in the UK, he can only be extradited once the domestic proceedings have concluded and any sentence subsequently imposed has been served
If the defendant has already been convicted and is serving a sentence of imprisonment in the UK the extradition proceedings may either be postponed until the defendant has completed his sentence or, if the purpose of the extradition is so that he can stand trial in the requesting country, an order may be made for his temporary extradition. This can only happen if the requesting country undertakes to return the defendant at the conclusion of his trial in order to serve the remainder of his UK sentence. Once the domestic sentence has been completed there will be further proceedings to determine if the defendant should then be extradited back to the requesting country to serve any sentence imposed as the result of the foreign trial. Although permitted by UK law, some international extradition agreements do not permit temporary surrender.
Further details about the Extradition Act 2003 can be found on the Home Office website - www.homeoffice.gov.uk.
Return to Extradition fact sheet
