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Extradition meaning

What does Extradition mean?
Extradition is the cross‑border process by which a person in one state is arrested and surrendered to another state to be prosecuted or to serve a sentence for conduct within the requesting state’s jurisdiction. In practice it is governed by statute and international agreements: in the UK, principally the Extradition Act 2003 (including arrangements now operating with EU member states under the UK–EU Trade and Cooperation Agreement), and in Ireland the Extradition Act 1965 and, for intra‑EU cases, the European Arrest Warrant Act 2003. Proceedings are partly judicial and partly executive. Courts test identity, whether the conduct amounts to an “extradition offence” (typically meeting dual criminality and seriousness thresholds, often punishable by at least 12 months), and whether any bars apply. Common bars include the political‑offence exception, passage of time, ne bis in idem, forum, specialty, and human rights risks (e.g. ECHR Articles 3, 6 and 8). For some territories under the UK regime, the Secretary of State (or, in Scotland, the Scottish Ministers) decides whether to order surrender after the court stage; in Ireland the High Court determines surrender. Cases commonly begin at Westminster Magistrates’ Court (England and Wales), the sheriff court (Scotland), magistrates’ courts in Northern Ireland, and the High...
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View the related Checklists about Extradition

CHECKLISTS
UK extradition instructions checklist post-EAW under the EU–UK Trade and Cooperation Agreement

Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one original, three paper, two CD or DVD) and translate supporting documents not in an EU official language. Review supporting documents for any “anti-competitive” language...

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CHECKLISTS
Extradition from the UK: practitioner checklist under the Extradition Act 2003 for Category 1 and 2 requests, TCA 2020, evidential requirements, statutory and non-statutory bars, and human rights

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 completion day? See Practice Note: Extradition and the statutory framework—an introduction to extradition) does your client fall within Category 2—is...

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CHECKLISTS
European Arrest Warrant validity: archived UK practitioner checklist on EAW content and procedure; superseded post-Brexit by fast-track surrender under the EU–UK Trade and Cooperation Agreement

ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the close of the Brexit transition/implementation phase that followed the UK’s departure from the EU. At that specific moment (known in UK law as ‘IP completion day’), core transitional provisions ceased entirely. From IP completion day onwards, the UK is no longer able to participate actively in the European Arrest Warrant (EAW), because EAWs are available solely to Member States...

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NEWS
US FEPA: demand-side bribery offences, FCPA interplay, enforcement and extradition risks, and compliance expectations for UK lawyers and clients

What is the US Foreign Extortion Prevention Act (or FEPA) and when did it come into force? On 22 December 2023, President Biden enacted the FEPA, after its approval by the US Congress as part of the Fiscal Year 2024 national defence authorisation legislation. The law reflects the President’s sustained commitment to confronting global corruption as a national security priority. It requires the US Attorney General to deliver an annual, publicly accessible report to Congress summarising major Department of Justice (DOJ) actions under FEPA, enabling Congress (and the public) to assess the effectiveness of the DOJ’s enforcement efforts year on year. That disclosure duty is expected to heighten pressure on the DOJ to bring cases in practice. FEPA widens the scope and reach of US anti‑bribery and corruption laws by expanding bribery offences to capture the ‘demand side’—including requests or solicitations—and by covering individuals acting in an unofficial capacity for relevant agencies and entities. It offers another tool for US regulators to initiate enforcement proceedings involving US interests and...

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NEWS
UK corporate crime and regulatory enforcement weekly briefing: cross-border investigations, bribery, sanctions, DMCC Act, environmental, health and safety, fraud and money laundering—13 June 2024

In this issue: Cross border criminal investigations Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Cross border criminal investigations Ex-Goldman Sachs banker loses bribery extradition dispute A former Goldman Sachs employee has failed in his bid to block extradition to the US over alleged payments to Ghanaian officials, after a London court found on 7 June 2024 that the suspected offences were sufficiently tied to America to be tried there. See News Analysis: Ex-Goldman Sachs banker loses bribery extradition dispute. Criminal procedure and evidence Starmer could crack judicial crisis, former CPS chiefs say Keir Starmer’s strong...

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NEWS
UK public law weekly: Procurement Act 2023 rollout, judicial review guide and key rulings, Brexit SIs, treaty and SI scrutiny, ECHR position, Public Office (Accountability) Bill, FOI/RPSI/IPT decisions

In this issue: Public procurement Judicial review Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights State accountability and liability Information law Other public law news New and updated content Dates for your diary Trackers Useful information Public procurement Procurement Act 2023—key developments since the ‘go live’ From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) took effect. Procurements started on or after that date are subject to PA 2023. Procurements initiated beforehand remain under the prior regime, namely the Public Contracts Regulations 2015 (SI 2015/102), the Utilities Contracts Regulations 2016 (SI 2016/274), the Concession Contracts Regulations 2016 (SI 2016/273), and the Defence and Security Public Contracts Regulations 2011 (SI 2011/1848). Our analysis sets out key points and developments a little over six months after the PA 2023 ‘go‑live’, together with market insight and reflections from several of...

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View the related Practice Notes about Extradition

PRACTICE NOTES
Extradition Act 2003: Statutory and Optional Bars to Extradition from the UK (Parts 1 and 2), with ECHR and TCA Considerations

This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 (EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to extradition apply. The statutory grounds for opposing extradition are then considered in turn...

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PRACTICE NOTES
Criminal Procedure Rules (SI 2014/1610) changes effective 6 October 2014—archived overview: extradition appeals, expert evidence, case management, Crown Court trial and jurors (England and Wales)

ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...

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PRACTICE NOTES
Criminal Procedure (Amendment) Rules 2024: key changes on live links, court record correction, confiscation/cryptoassets, restraint costs, disclosure, pre-charge bail, witnesses and investigation orders (England and Wales)

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...

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