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In this LedEx article, we will break down what extradition means in the UK, how it works, and why it is so important.

Introduction

Ever wondered how countries bring to justice criminals who flee across borders? That’s extradition - a process where a country hands over a person who committed the crime to the country where the crime was committed. Extradition also raises important questions about the influence of political power and its role in human rights. It plays a crucial role in how countries collaborate to ensure that individuals cannot evade criminal enforcement by moving across borders.

Extradition Law in the UK

In the UK, extradition is governed by the Extradition Act 2003, which sets out the rules for handling extradition requests (1). The UK primarily extradites individuals to countries with which it has formal agreements or treaties, ensuring that the process is transparent and fair. While treaties simplify the process, the UK can still consider extradition requests from countries without a formal treaty, although these require more scrutiny.

Before Brexit, the UK was part of the European Arrest Warrant, a system that facilitated fast-track extraditions between EU countries. Post Brexit, the UK operates under new regulations called the Surrender Agreement, part of the Trade and Cooperation Agreement.While this agreement retains features of the European Arrest Warrant , it also gives the UK the flexibility to adjust its legal requirements. This means the UK can choose to make it easier or harder to deport someone based on its own priorities (2).

**Image: by** **Wesley Tingey** on **Unsplash**

When Can Extradition Happen in the UK?

For extradition to occur, certain conditions must be met:

Dual Criminality: The crime must be illegal in both the UK and the country requesting extradition. If it is not a crime in the UK, extradition will not happen.
Agreement: Extradition to countries without formal agreements can occur but involves more scrutiny and a higher legal threshold.
Serious Crimes: Extradition is usually reserved for serious crimes.

How Does the Extradition Process Work?

The extradition process in the UK generally follows these steps:

Request: Another country requests the UK to extradite someone.
Arrest: The person wanted for extradition may be arrested in the UK if the request is valid.
Court Hearing: A judge examines the case to see if extradition is lawful under UK law.
Decision: If the court approves, the Home Secretary makes the final decision.
Appeal: The individual can appeal if they disagree with the decision.

Human Rights and Fairness

The UK considers whether extraditing someone would violate their human rights (3). Some key rights include:

Right to a Fair Trial: The UK will not extradite someone if they will not receive a fair trial in the requesting country.
Protection from Torture: The UK refuses to extradite people if they believe they might face torture or inhumane treatment.
Family Life: Courts also consider the impact on the person’s family, especially if they have children in the UK.

**Image: by** **Kai Pilger** on **Unsplash**

Case Study: Julian Assange, Controversies and Challenges

A prominent example of an extradition case is that of Julian Assange, the founder of WikiLeaks, who faced extradition to the U.S. for leaking classified documents. Assange contended that he faced an unfair trial and inhumane treatment in the U.S., raising significant human rights concerns that delayed his extradition for years. To avoid this, he sought asylum in the Ecuadorian Embassy in London, where he lived for nearly seven years due to his fears that his rights would not be protected in the U.S.4

While the U.S. can request extradition, Assange's case illustrates the significant legal challenges that can arise, highlighting concerns about the fairness of such proceedings and underscoring the interplay of political and human rights issues in extradition. While collaboration across borders is vital to effective law enforcement in the modern world, critics argue that the UK’s extradition agreement with the U.S. is imbalanced, making it easier for the U.S. to extradite individuals from the UK than for the UK to extradite its own citizens. Others raise concerns how UK courts can effectively safeguard against the misuse of extradition for political purposes, particularly in cases involving freedom of speech.

Conclusion: Why Does Extradition Matter?

Extradition might seem distant from your everyday life, but it plays a crucial role in international law and justice. It’s about how countries collaborate to hold criminals accountable while upholding human rights. By exploring extradition, you’re uncovering how the world works and how justice is served across borders.

Written by Granit Berisha