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Proof of Intention to Leave for UK Visa Application
Settlement Rules for Unmarried Couples
UK Family Life for Refugees Asylum Seekers
Evidence That Can Be Heard in Immigration Asylum Chamber
Immigration and Asylum Chamber
What is the Immigration and Asylum Chamber
Grounds of Appeal in Immigration Cases
Human Rights Act and Terrorists in UK
Immigrant Human Rights Appeals
Legal Representation Before Immigration Asylum Chamber
Legitimate Expectation in Asylum
Extradition From UK to Category One Country
Extradition From UK to Category Two Country
Flight Delays and Cancellations
Movement of Pets Within the EU
Extradition is the formal procedure for returning persons located in one country to another country for the purpose of criminal prosecution, to be sentenced for offences for which they have been convicted or for the carrying out of a sentence that has already been imposed.
The Extradition of people out of the UK is covered by a piece of legislation called the Extradition Act 2003.
Extradition from the UK can occur relating to two different categories of countries for that individual to be extradited to. They are as follows:
Extradition to Category 2 Countries
Extradition to Category 2 countries means any export extradition to all other countries – this can include other European Union countries which have not yet implemented the European Arrest Warrant.
In relation to a request for extradition from a category 2 country the arrest can be made in two different ways:
A certified arrest
A provisional arrest
A certified arrest will occur once the Home Secretary has issued a certificate and if the person has not already been provisionally arrested the police can apply to the City of Westminster Magistrates’ Court for an arrest warrant.
Once the individual has been arrested they must be produced at the court as soon as is reasonably practicable.
A provisional arrest will occur in circumstances of urgency whereby the requesting territory request the UK police to apply for an arrest warrant before the arrest has been certified. This warrant is known as a provisional warrant and can be executed by a police or customs officer.
Once the individual has been arrested they must be produced at the court as soon as is reasonably practicable.
The individual who has been arrested and who faces extradition from the UK will be subject to the following two hearings:
An initial hearing
An extradition hearing
An initial hearing will be performed immediately in front of a district judge who must inform the individual of the following things:
The individual must be informed of the content of the extradition request – prior to a certified request being issued
Explain to the individual why they have been arrested – following a certified request
Fix a date for the start of the extradition hearing – within two months
A decision on whether or not to grant bail or remand the individual in custody pending the Extradition Hearing
At the Extradition Hearing the District Judge must decide on the following issues:
Whether the documentation produced by the Home Secretary complies with the Extradition Act
Whether the offence is an extraditable offence
Whether there are any bars to extradition
Whether the extradition is compatible with the individual’s rights under the European Convention on Human Rights
Whether the request contains admissible evidence of the offence sufficient to establish a prima facie case against the persons – does not apply in relation to extradition requests from USA, Canada, Australia and New Zealand
If the District Judge is satisfied he must send the case to the Home Secretary who will then decide on whether to make the extradition order.
The Home Secretary must make an extradition order within 2 months unless one of the following factors applies to the case:
The person has been, could be or will be sentenced to death
That there are no special arrangements in force with the requesting territory – these arrangements are in place to ensure that the person who has been extradited will only be dealt with in relation to the matters which were the reason for the extradition order
It is possible to appeal the decision of the Home Secretary with the case being heard by the Administrative Court. Notice to appeal must be given to the administrative court within 14 days of the extradition order being made. The appeal must be heard by the administrative court within 76 days of the notice.
Where no appeal has been filed extradition from the UK must occur within 28 days of the Home Secretary’s extradition order. If an appeal has been lodged but was unsuccessful extradition from the UK must occur within 28 days of the appeal hearing concluding.
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