Extradition CASES
In English law, extradition is the formal process by which one state surrenders a person to another state to face criminal trial or serve a sentence. It is governed by treaties, international agreements, and domestic legislation.
Definition and Principles
Extradition balances international cooperation in criminal justice with safeguards to protect individual rights. It ensures alleged offenders cannot evade justice by crossing borders.
Requirements for Establishing
- Legal framework: Extradition must be authorised by statute or treaty, such as the Extradition Act 2003.
- Extraditable offence: The conduct must amount to a criminal offence in both jurisdictions.
- Judicial oversight: UK courts review requests to ensure legal and human rights compliance.
- Safeguards: Protection against double jeopardy, political prosecutions, or inhuman treatment is essential.
Practical Applications
Extradition applies to offences ranging from financial crime to terrorism. It facilitates cooperation with both EU states under the European Arrest Warrant system (before Brexit) and with other countries worldwide.
Importance
Extradition underpins international law enforcement by preventing safe havens for criminals, while ensuring due process and protection of fundamental rights.
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The Supreme Court allowed an appeal against extradition to Poland. It ruled that extraditing the appellant, a long-term UK resident with a British family, would be a disproportionate breach of his right to family life under Article 8 ECHR due to the exceptionally severe impact on his children. Facts The appellant, Mr Michal Andrysiewicz, is a Polish national who has resided in the United Kingdom since 2007. He is married with two young British children and is fully integrated into UK society. In 2022, the Circuit Court in Lodz, Poland, issued a Trade and Cooperation Agreement warrant seeking his extradition
In an extradition request from the US, the Supreme Court considered whether alleged bribery of a Lebanese official met the UK's dual criminality test. The court held that a foreign official acting corruptly is still acting in their public capacity. Facts The Government of the United States of America requested the extradition of the appellant, Mr El-Khouri, a dual Lebanese and United Kingdom national, to face trial for offences of conspiracy to commit wire fraud and money laundering. The allegations concern a ‘kickback’ scheme related to a contract between a US telecommunications company, American Tower Systems (ATS), and the Lebanese
