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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.
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