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...

Extradition Act 2003: Secretary of State’s Functions in Category 2 Cases—Certification, Final Decision, Statutory Bars (death penalty/speciality), Asylum, Discharge, Timing and Onward Extradition Consent

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Practice notes

Secretary of State’s function

When a category 2 Territory submits an Extradition request in the approved manner and it includes the requisite information, the Secretary of State is obliged to issue a certificate under section 70 of the Extradition ACT 2003 (EA 2003) (see below), unless a ground for refusing certification applies. The first principal role in extradition is therefore to receive formal requests from category 2 territories and certify them where the stated conditions are satisfied.

After an extradition judge has concluded the hearing concerning a person sought by a category 2 territory and has referred the matter to the Secretary of State to decide whether that person should be extradited, the Secretary must determine, within a specific timeframe, whether any statutory bars to extradition, within the scope of their consideration, prevent an order being made. The second principal role is therefore to take the final decision on whether to order the extradition of a person requested by a category 2 territory...

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Web page updated on 21/05/2026

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