Extradition

Part 1 Requests

‘Part 1 Requests’ in the drop down menu explains how extradition works under Part 1 of the Extradition Act 2003 from initial arrest through to appeal. In brief, Part 1 of the Extradition Act 2003 implements the Framework Decision of 13 June 2002 on the European Arrest Warrant and is used for extradition from the UK to the Member States of the European Union, namely:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Brexit

The extradition arrangements between the UK and EU Member States will change at 11pm on 31 December 2020 when the Brexit transition period ends. For more information please see our section Brexit.

Part 2 Requests

‘Part 2 Requests’ in the drop down menu explains how extradition works under Part 2 of the Extradition Act 2003 from the initial arrest to the process of appealing an extradition order.

Part 2 of the Extradition Act 2003, in summary, applies to countries, other than those covered by Part 1 (the Member States of the European Union), with whom the UK has formal extradition arrangements such as a bilateral treaty or multilateral convention, for example the USA, Russia, India and Switzerland. They are known as Category 2 territories and a list of them can be found here.

The Extraditon Act 2003 also allows for extradition between the UK and countries which are not Category 1 or Category 2 territories where both countries are parties to an international Convention relating to specific forms of criminal conduct, for example terrorism, torture or crimes against aircraft. A list of such countries and conventions can be found here.

There is also a power for the Secretary of State to agree ad hoc extradition arrangements with any country that does not have existing extradition arrangements with the UK.

The power to issue and receive Part 2 requests is exercised by the State therefore it requires the involvement of the Secretary of State (the Home Secretary) as well as the courts.

Resources

For further information about extradition, INTERPOL, and mutual legal assistance