Extradition and the statutory framework—an introduction to extradition
Produced in partnership with Jazvinder Nakhwal, Celia Marr and Kerri McGuigan
Extradition and the statutory framework—an introduction to extradition

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

  • Extradition and the statutory framework—an introduction to extradition
  • What is extradition?
  • The UK’s statutory framework
  • Extradition to the EU post-Brexit
  • Part 1 territories
  • Part 2 territories
  • Specified part two territories for the purposes of EA 2003, s 74B
  • The extradition process in summary
  • Part 1 territories
  • Part 2 territories
    • More...

What is extradition?

Extradition is the formal legal process by which one territory asks another to return an individual wanted by them in order for that individual to stand trial or serve a sentence imposed by the requesting territory.

The UK’s statutory framework

The UK’s extradition regime is governed by the Extradition Act 2003 (EA 2003), which came into force on 1 January 2004 and applies to all extradition requests received after that date. Requests received before that date continue to be governed by the Extradition Act 1989.

The UK has extradition arrangements under multilateral conventions and bilateral extradition treaties with more than 120 territories. These territories are designated as either Part 1 or Part 2 under the EA 2003.

Part 1 territories are set out in the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003, SI 2003/3333, as amended. See further below: Part 1 territories.

Despite the UK’s decision to leave the EU, this list includes the remaining 27 EU Member States. This was achieved by section 11 of the European Union (Future Relationship) Act 2020 (EU(FR)A 2020), which gives effect to the UK’s obligations under Part 3, Title VII of the Trade and Cooperation Agreement (TCA) agreed between the EU and UK in the final days of 2020, shortly before the end of the transition period (31 December 2020, or IP completion day). Part 3 of the TCA

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