Extradition Act 2003
The Extradition Act 2003 (c.41) is an Act of the Parliament of the United Kingdom which regulates extradition requests by and to the United Kingdom. The Act came into force on 1 January 2004. It transposed the European Arrest Warrant framework decision into British law and implemented the UK side of the controversial UK–US extradition treaty of 2003 before the treaty came into force in April 2007 after being ratified by the US Senate in 2006.
|Long title||An Act to make provision about extradition.|
|Citation||2003 c. 41|
|Royal assent||20 November 2003|
|Commencement||1 January 2004|
Status: Current legislation
|Records of Parliamentary debate relating to the statute from Hansard, at TheyWorkForYou|
|Text of statute as originally enacted|
|Text of the Extradition Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.|
The Act is divided into five parts.
- Parts 1 and 2 deal with "category 1" and "category 2" territories respectively. While it is not mentioned in the Act, category 1 territories are all other member states of the European Union and Part 1 of the Act is the United Kingdom's implementation of the European Arrest Warrant framework decision. Part 2 of the Act is concerned with extradition to all other countries which have an extradition treaty with the United Kingdom.
- Part 3 deals with issuing European Arrest Warrants from the UK and extradition requests.
- Part 4 regulates powers of arrest, search and seizure regarding individuals subject to European Arrest Warrants and extradition warrants.
- Part 5 contains miscellaneous provisions including extradition to and from British overseas territories.
The procedure used by the courts is set down in the Criminal Procedure Rules 2015, part 50.
Examination by ParliamentEdit
The Act has been examined in two reviews by Parliament. The first in 2011 by Sir Scott Baker making a series of recommendations and the second examination by the House of Lords Extradition Law Committee in 2014.
As a result of campaigning and scrutiny by Parliament, several important amendments were made in 2014 in the Anti-social Behaviour, Crime and Policing Act 2014. These included proportionality under section 21A and decision to try or charge under section 12A.
Part 2 territoriesEdit
Territories are designated as Category 2 territories both for the purposes of Part 2 of the Extradition Act, i.e. export extradition from the United Kingdom, and Part 3, i.e. import extradition to the United Kingdom. The following are the countries that the UK presently has extradition arrangements with:
Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Canada, Chile, Colombia, Cook Islands, Cuba, Dominica, Ecuador, El Salvador, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region, Haiti, Iceland, India, Iraq, Israel, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Libya, Liechtenstein, Macedonia, Malawi, Malaysia, Maldives, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nauru, New Zealand, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Philippines, Peru, The Republic of Korea, Russian Federation, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Switzerland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Tuvalu, Uganda, Ukraine, United Arab Emirates, Uruguay, USA, Vanuatu, Western Samoa, Zambia, Zimbabwe.
- Human Rights Joint Committee (22 June 2011). "The UK's bilateral extradition treaties: US-UK Extradition Treaty 2003". The Human Rights Implications of UK Extradition Policy. Retrieved 8 August 2012.
- Torres, Carlos (30 September 2006). "Senate Unanimously Ratifies US, UK Extradition Treaty". Bloomberg L.P. Retrieved 12 September 2008.
Ratification had been slowed by complaints from some Irish- American groups that the treaty would create new legal jeopardy for U.S. citizens who opposed British policy in Northern Ireland.
- http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted This content is available under the Open Government Licence v3.0. © Crown copyright.
- http://www.cps.gov.uk/legal/d_to_g/extradition/annex_c_-_extradition_with_territories_outside_the_european_union_/#a02 This content is available under the Open Government Licence v3.0. © Crown copyright. Archived 2016-12-25 at the Wayback Machine
- cps.gov.uk - the Crown Prosecution Service guidelines on extradition to Category 2 territories
- The UK government guidance on extradition from Category 2 territories