![]() any of the statutory bars to extradition apply.the conduct described in the warrant amounts to an extradition offence.If the requested person does not consent to extradition, the court will consider whether: At the ‘Initial Hearing’ when the requested person first appears or is brought before the appropriate judge, the judge must decide whether the person before the court is, on a balance of probabilities, the subject of the warrant and if so, inform the person of the contents of the warrant/request, provide information about consent and remand the person in custody or on bail. Once arrested, the requested person must be brought to Westminster Magistrates' Court ‘as soon as practicable’, where all first instance extradition proceedings in England & Wales are conducted. A Part 2 provisional request for arrest without a warrant, under section 74A of the Act, where a certificate has been issued under section 74B.A Part 2 provisional request for extradition that has been received by domestic law enforcement and an arrest warrant that has been issued by a domestic court under section 73 of the Act or.A Part 2 extradition request that has been certified by the Home Office and a warrant that has been issued by a domestic court under section 71 of the Act or.A Part 1 provisional arrest request on behalf of an EU Member State under section 5 of the Act or.A Part 1 warrant certified by the NCA under section 2 of the Act i.e., either issued under the TCA (a “TaCA warrant”) or an EAW issued prior to the end of the transition period (31 December 2020) or.The Extradition Unit, part of the Serious Economic, Organised Crime and International Directorate (SEOCID) in the CPS, conducts extradition proceedings on behalf of foreign authorities or States for requested persons arrested in England & Wales.Ī requested person may be arrested in England & Wales on the basis of: ![]() ![]() The National Crime Agency (NCA) is the central authority for the purpose of receiving Part 1 extradition requests from EU Member States and the UK Central Authority (UKCA) in the Home Office is the central authority for receiving Part 2 extradition requests from the rest of the world. ![]() Ad hoc arrangements can be entered into where no such treaty or other legal basis exists.įor guidance on extradition to the UK, see the ‘ Guidance on Extradition to the UK’. The CPS conducts extradition proceedings on behalf of foreign authorities or States for requested persons arrested in England & Wales.īilateral and multilateral treaties and conventions offer an international basis for extradition cooperation between the UK and the country seeking extradition. Part 2 of the Act applies to extradition from the UK to the rest of the world. The TCA provides that any EAW issued and certified by the NCA before the end of the Transition Period but not yet executed (i.e., where no arrest has taken place) will constitute a valid warrant under the new arrangements. Part 1 of the Extradition Act 2003 (“the Act”) provides the domestic legal basis for extradition from the UK to EU Member States (and Gibraltar) under the arrangements of Title VII of the EU-UK Trade and Cooperation Agreement (“the TCA”) Īlthough the UK left the EU on 31 January 2020 the European Arrest Warrant (EAW) remained available during the Transition Period (until 31 December 2020) and transition arrangements are in place for any arrest which took place on an EAW before 11pm on 31 December 2020, with the extradition process continuing to follow the EAW framework in those cases
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