ExtraditionExtradition

Alison Riley Alison RileyCrown Prosecution ServiceCrown Prosecution Service

The LawThe Law

The statutory role of the DPP inThe statutory role of the DPP inextradition is two-fold:extradition is two-fold:

To have conduct of extraditionTo have conduct of extraditionproceedingsproceedings

To advise on extraditionTo advise on extraditionproceedings and proposedproceedings and proposedextradition proceedingsextradition proceedings

CPS FunctionCPS Function

The DPP is not in the position ofThe DPP is not in the position ofprosecutorprosecutor

The relationship of the CPS to theThe relationship of the CPS to therequesting authority is analogous torequesting authority is analogous tothat between a solicitor and clientthat between a solicitor and client

Only the requesting state has theOnly the requesting state has thepower to direct that the extraditionpower to direct that the extraditionproceedings should be discontinuedproceedings should be discontinued

The duty that the CPS owes to theThe duty that the CPS owes to thecourt overrides the duty owed to thecourt overrides the duty owed to therequesting authorityrequesting authority

Extradition Act 2003Extradition Act 2003

The Act divides our ExtraditionThe Act divides our ExtraditionPartners into two:Partners into two:

Part 1 TerritoriesPart 1 Territories26 of the signatories to the26 of the signatories to theEuropean Council who operateEuropean Council who operatethe European Arrest Warrantthe European Arrest WarrantScheme [27 countries includingScheme [27 countries includingthe UK] and Gibraltarthe UK] and Gibraltar

Part 2 - everyone elsePart 2 - everyone else

Part 2 TerritoriesPart 2 Territories

These are divided into These are divided intoterritories which do not have toterritories which do not have toprovide a prima facie caseprovide a prima facie casee.g.e.g.––Switzerland, United StatesSwitzerland, United Statesof America, Australia and thoseof America, Australia and thosethat do that do –– e.g. Zimbabwe, e.g. Zimbabwe,Thailand, Mexico.Thailand, Mexico.

Export ExtraditionExport Extradition

In Export cases we:-In Export cases we:- give pre-extradition advice togive pre-extradition advice to

foreign authoritiesforeign authorities receive extradition requests fromreceive extradition requests from

foreign authorities viaforeign authorities viaSOCA/Home OfficeSOCA/Home Office

advise on the content and validityadvise on the content and validityof extradition requestsof extradition requests

We:-We:-

Represent the foreign authorityRepresent the foreign authorityin court proceedings [all courtsin court proceedings [all courts–– Magistrates Magistrates’’, Administrative, Administrativeand Supreme Court]and Supreme Court]

Advise on appealAdvise on appeal Liaise with all partners in theLiaise with all partners in the

CJS & foreign authoritiesCJS & foreign authorities

We also We also ……..

Initiate/respond to discussions reInitiate/respond to discussions rechanges to practice and procedurechanges to practice and proceduredomestically and internationallydomestically and internationally

Act as a member of the EAWAct as a member of the EAWEvaluation Team for the Council ofEvaluation Team for the Council ofEuropeEurope

Deliver training to our CJSDeliver training to our CJScolleagues and overseas partnerscolleagues and overseas partners

And And ……..

We provide briefings to theWe provide briefings to theDPP and both of the LawDPP and both of the LawOfficersOfficers

We respond to We respond to MPMP’’ss letters letters Prepare requests for the returnPrepare requests for the return

of persons to the UK whoseof persons to the UK whosereturn is sought for the purposereturn is sought for the purposeof prosecution, sentencing or toof prosecution, sentencing or toserve a sentence alreadyserve a sentence alreadyimposed [Import cases].imposed [Import cases].

Import Extradition SchemesImport Extradition Schemes

EuropeanConvention

On Extradition

UNConventions

Treaty

SpecialArrangements

Commonwealth

EAW

UK

Drafting Extradition RequestsDrafting Extradition Requests

Part 3 of the Extradition ActPart 3 of the Extradition Act2003 sets out the law in relation2003 sets out the law in relationto EAW requests from the UKto EAW requests from the UKto other countries whichto other countries whichoperate the EAW scheme.operate the EAW scheme.

It provides the basis on whichIt provides the basis on whichsuch applications can be madesuch applications can be madeand the form and content of theand the form and content of therequestrequest

EAW CountriesEAW Countries

AustriaAustria BelgiumBelgium BulgariaBulgaria CyprusCyprus Czech RepublicCzech Republic DenmarkDenmark EstoniaEstonia FinlandFinland FranceFrance GermanyGermany GibraltarGibraltar GreeceGreece HungaryHungary IrelandIreland

And the restAnd the rest……

ItalyItaly LatviaLatvia LithuaniaLithuania LuxembourgLuxembourg MaltaMalta NetherlandsNetherlands PolandPoland PortugalPortugal RomaniaRomania SlovakiaSlovakia SloveniaSlovenia SpainSpain SwedenSweden UKUK

WhoWho’’s missing?s missing?

Non EU European countriesNon EU European countriese.g. Switzerland, Norway,e.g. Switzerland, Norway,Russian Federation, Turkey,Russian Federation, Turkey,Croatia etc.Croatia etc.

Framework DecisionFramework Decision

The European FrameworkThe European FrameworkDecision of 2002 contains anDecision of 2002 contains anEAW precedent which shouldEAW precedent which shouldbe followed in each and everybe followed in each and everyEAW request.EAW request.

Beware of country Beware of country peculiarities.peculiarities.

Non EAW countriesNon EAW countries

All extradition requests for nonAll extradition requests for nonEAW countries are drafted byEAW countries are drafted bySCD Extradition Unit, CPS HQ.SCD Extradition Unit, CPS HQ.

They fall into the variousThey fall into the variousschemes as shown on theschemes as shown on theearlier slide.earlier slide.