Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Extradition definition

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...

UK provisional arrest without warrant for category 2 extradition: NCA certification, Interpol Red Notices, safeguards, serious offence threshold and judicial oversight under Extradition Act 2003 Part 2

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Practice notes

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This Practice Note examines the authority to detain an individual without a warrant for Extradition to designated category 2 states. It outlines the legal foundation for that arrest power and explains how a compliant request is generated, certified and served. It further describes the steps for producing the individual before the court pursuant to such a certified request.

Provisional arrest under the Extradition Act 2003

Section 74B of the Extradition Act 2003 (EA 2003) confers on constables, customs officers and service policemen a power of provisional arrest without a warrant, for extraditing persons for serious offences to specified countries on the basis that a certificate has been issued in relation to the person. A constable or customs officer may exercise this power in any part of the UK. A service policeman may exercise the power anywhere, but only in relation to someone who is subject to service law or a civilian subject to service discipline. The premise is that the police will have been alerted to the fact that a person here is wanted by a foreign state, whose extradition procedures and criminal justice systems the UK...

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Web page updated on 27/05/2026

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