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Jurisdiction(s):
United Kingdom
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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...

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Consent to Extradition under the UK Extradition Act 2003: Eligibility, Timing, Procedure, Legal Effects, Competing Requests and Practitioner Guidance

Practice notes
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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 territory that is not a category 1 or 2 territory...

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Charlotte Evans
Charlotte Evans

Charlotte is an experienced Associate, advising individual and corporate clients across a broad range of practice areas, including criminal fraud, Serious Fraud Office (SFO) investigations, private prosecutions, INTERPOL red notice, extradition and mutual legal assistance matters, internal investigations, bribery offences, sanctions and general crime.Charlotte often advises clients facing investigation/action brought by UK and overseas governments or enforcement agencies, including the UK’s SFO, Financial Conduct Authority, HM Revenue and Customs and the US Department of Justice (DOJ). She also has experience of advising on internal investigations, particularly where fraud or corruption are suspected and there is a risk of civil, criminal, or regulatory proceedings, as well as reputational/commercial risk.Her private prosecution experience includes assisting the team that successfully prosecuted two individuals on behalf of Inkorporate Ltd, who were found guilty of fraud and money laundering offences in May 2022 following a lengthy...

Web page updated on 21/05/2026

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