Bars to extradition
Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters

The following Corporate Crime practice note produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters provides comprehensive and up to date legal information covering:

  • Bars to extradition
  • Statutory bars
  • The rule against double jeopardy
  • Absence of a prosecution decision
  • Extraneous considerations
  • Passage of time
  • The individual’s age
  • Specialty
  • Earlier extradition to the UK
  • Forum
  • More...

Bars to extradition

The following Practice Note is concerned with the statutory and procedural bars to extradition from the UK under the Extradition Act 2003 (EA 2003).

There are numbers of specific grounds that can be relied upon in order for an individual to resist extradition under EA 2003, some of which are statutory and others of which are not. Some of these grounds apply to both categories of request and others apply to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an introductory to the statutory framework of EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition.

For further reading on the procedure which applies under EA 2003, Pt 1 or EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure.

Statutory bars

At the extradition hearing, the district judge will consider whether the request relates to an extradition offence and whether any of the bars to extradition apply. The statutory grounds for resisting extradition are addressed in turn.

The rule against double jeopardy

EA 2003, s 12 provides that:

‘a person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) if appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction’

EA 2003, s 80

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