Peters & Peters
2 Experts
6 Contributions by Peters & Peters Experts
PRACTICE NOTES
Consent by a requested person to extradition
Consent by a requested person to extradition refers to an individual agreeing to their own surrender following a request made under Parts 1 or 2 of the Extradition Act 2003 (EA 2003), and doing so before any order is issued or an extradition decision is taken.
Ability to consent to extradition
The capacity to consent applies where the requested person has been arrested pursuant to:
a warrant under EA 2003, Part 1
a warrant under EA 2003, Part 2, or
a provisional warrant obtained at the request of a category 1 or 2 territory
the power of provisional arrest under EA 2003, s 74A
The individual may consent whether the extradition request is founded on an accusation or follows a conviction. A requested person cannot consent in proceedings that arise from the UK entering into a special extradition arrangement under EA 2003, s 194 with a
Corporate Crime
PRACTICE NOTES
This Practice Note examines the non-statutory bars to extradition, including abuse of process, human rights concerns, and arguments about time served. For information on the statutory bars to extradition, see Practice Note: Statutory bars to extradition. For further reading on the procedure that applies under the Extradition Act 2003 (EA 2003), see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure.
Abuse of process
The court has jurisdiction to decide whether extradition should be refused because its processes have been abused. This bar is not set out in the EA 2003; it has been developed by case law. The abuse of process argument is a free‑standing ground of challenge, to be considered only after any statutory bars or human rights issues. The default position is that the requesting state is taken to have acted in good faith, so the person sought must
Corporate Crime
PRACTICE NOTES
What is extradition?
Extradition is the formal legal mechanism by which one territory requests another to hand over a person sought so they can face trial or complete a sentence imposed by the requesting territory.
The UK’s statutory framework
The UK’s extradition system is governed by the Extradition Act 2003 (EA 2003). The UK maintains extradition arrangements, under multilateral conventions and bilateral extradition treaties, with more than 120 territories. Under the EA 2003, these territories are designated as either Part 1 or Part 2.
Part 1 territories are listed in the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003, SI 2003/3333, as amended. See further below: Part 1 territories. Notwithstanding the UK’s departure from the EU, this list continues to include the remaining 27 EU Member States.
Part 2 territories are identified in the Extradition Act 2003 (Designation of Part 2
Corporate Crime
PRACTICE NOTES
This Practice Note explores in detail how restraint orders, confiscation proceedings and compensation orders are deployed in private prosecutions.
Restraint orders in private prosecution proceedings
For an overarching guide to the operation, mechanics and effect of restraint orders in general, see: Restraint and confiscation—overview. A restraint order operates to freeze property and to preserve a defendant’s assets so that they remain available to meet any confiscation order imposed following a successful prosecution and conviction. For further background, see Practice Note: Restraint orders—What is a restraint order? Applications seeking restraint orders are made in the Crown Court under the Proceeds of Crime Act 2002 (POCA 2002) and can be pursued before any arrest has occurred and/or before proceedings have commenced (commonly described as pre-charge restraint orders), or later within an investigation or prosecution, including post conviction. POCA 2002, s 40 identifies five
Corporate Crime
PRACTICE NOTES
Withdrawal of Part 1 arrest warrants and Part 2 extradition requests
If an arrest warrant, whether issued or certified, under Part 1 of the Extradition Act 2003 (EA 2003) (a Part 1 arrest warrant), or an extradition request under EA 2003, Pt 2 (a Part 2 extradition request), is withdrawn before a requested person is extradited, the requested person must be discharged...
Corporate Crime
CHECKLISTS
This Checklist sets out the principal questions practitioners should consider when advising a client facing a request for extradition. For a step-by-step overview under the EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure, together with Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. Read this Checklist alongside Practice Note: Extradition and the statutory framework—an introduction to extradition, which outlines the UK extradition framework and the effect of Brexit on extradition between the UK and EU member states.
Principles determining extradition under the Extradition Act 2003
The initial points to assess for a client subject to an extradition request are:
does your client fall within Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued before IP
Corporate Crime
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