Chamber and committees

http://police.homeoffice.gov.uk/publications/operational-policing/european-convention-extradition.

http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/{56F55E5D-1882-4421-9CC1-71634DF17331}_London_Scheme.pdf.

The countries involved are:

Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Canada, Chile, Colombia, Cook Islands, Croatia, Cuba, Dominica, Ecuador, El Salvador, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region, Haiti, Iceland, India, Iraq, Israel, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Liechtenstein, Macedonia (FYR), Malawi, Malaysia, Maldives, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nauru, New Zealand, Nicaragua, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, Russian Federation, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Switzerland, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turkey, Tuvalu, Uganda, Ukraine, the United Arab Emirates, the United States of America, Uruguay, Vanuatu, Western Samoa, Zambia and Zimbabwe.

The UK can also have extradition relations with parties to international conventions where the UK is also a member, which contain extradition provisions relating to specific very serious crimes. A list of the territories designated in this way (under section 193 of the Extradition Act), together with the conventions they have been designated under, can be found on the Office of Public Sector Information website. The relevant statutory instruments are 2003 No. 3334; 2004 No. 1898; 2005 Nos. 365 and 2036; 2006 No. 3451,2007 No. 2238 and 2008 No. 1589. http://www.opsi.gov.uk/.

an accurate description of the person sought;

a statement of the facts of the offence;

the relevant law applicable to the offence, and

the relevant law relating to punishment for the offence.

If the extradition is requested for someone who is sought for prosecution then additionally, the following requires to be provided:

a copy of the warrant;

a copy of the Indictment, and

information which provides the basis to believe that the person sought committed the offence.

If the extradition relates to someone who has already been convicted of the offence then:

information that the person sought is the person to whom the conviction applies;

a copy of the conviction;

a copy of the sentence imposed (and if the person has been sentenced, the extent to which the sentence has been carried out), and

in the case of a person convicted in absentia, information regarding the circumstances under which the person was absent from the proceedings should also be provided.

The procedures for extradition in Scotland are very similar to those England and Wales. However, slight differences exist because of the separate legal systems and where necessary the Extradition Act 2003 makes explicit provision accounting for these differences. For example, sections 26 to 34 and sections 103 to 116 of the 2003 act provide for appeals against decisions to extradite to category 1 and category 2 territories respectively. In England and Wales an individual may be able to appeal an extradition decision to the High Court, and that decision may be appealed to the House of Lords. Extradition decisions in Scotland may be appealed to the High Court of Justiciary (the highest criminal court in Scotland), and there is no right of appeal to the House of Lords.

There is a further practical difference in respect of Scottish proceedings which occurs as a result of the provisions in the Scotland Act 1998. Under Schedule 6 of that act, a person may raise a devolution issue in respect of (among other things) a question of whether or not the exercise of functions by the Scottish Executive would be compatible with their rights under the European Convention on Human Rights. Decisions on devolution issues may be referred not only to the High Court of Justiciary, but also the Judicial Committee of the Privy Council.

Section 226 of the 2003 act specifies certain of the 2003 act provisions which are limited in extent to various parts of the UK. For further information on the application of specific sections in each of the jurisdictions of the UK, reference should be made to the provisions of the act itself.