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Extradition and Mutual Assistance: A Guide by Julian B. Knowles

Dive into the complexities of extradition under the Extradition Act 2003, including the process with the USA, bars to extradition, and the nuances of mutual assistance between the UK and the US in criminal investigations.

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Extradition and Mutual Assistance: A Guide by Julian B. Knowles

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  1. EXTRADITION AND MUTUAL ASSISTANCE Julian B. Knowles

  2. EXTRADITION • Extradition governed by Extradition Act 2003 • USA is a Category 2 country: extradition governed by Part 2 of the EA 2003 • No requirement for USA to adduce any evidence • Allegations of criminal conduct which, if committed in the UK, would be punishable by more than 12 months imprisonment are sufficient

  3. Bars to extradition • EA 2003 provides various bars to extradition in ss 79-83A including delay, and political requests • S 83A provides a new bar to extradition where the UK would be a more appropriate forum for trial (the ‘NatWest 3 exception’) • No extradition where return would violate Convention rights

  4. Mutual Assistance • UK and US can assist each other in criminal investigations • Requests to UK must be from a body recognised by Secretary of State as having the functions of making requests • Requests must relate to criminal proceedings or investigations

  5. Forms of assistance • Wide powers available including: • Evidence on oath before a court including production of documents • Production orders including for sensitive material • Search warrants • (In the future) banking information

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