Revisions to the extradition police codes of practice
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Detail of outcome
This consultation sought views on the revised draft Codes of Practice which govern the exercise of police powers in UK extradition cases. The published draft reflected changes made to the relevant Police and Criminal Evidence Act (PACE) Codes since the extradition codes were published in 2011 and the recent changes arising from the new power of arrest introduced by the Extradition (Provisional Arrest) Act 2020.
The consultation ran from 17 November until 14 December 2020. Two formal responses were received. Prior to the public consultation, operational stakeholders had already been given opportunities to provide direct input.
The responses included proposals on search and seizure powers and comments and concerns on what the new extradition arrangements might look like with the EU from 1 January 2021, particularly in relation to the procedural rights of those subject to an extradition request. Some informal points on the summary given of the new arrest power, under the Extradition (Provisional Arrest) Act 2020, were also received from operational partners.
Original consultation
Consultation description
This consultation is of interest to the police, the legal profession and civil liberties organisations. It seeks views on a revised draft codes of conduct for the police about extradition processes.
The consultation seeks views from practitioners and other interested parties as to whether the draft codes are correct and applicable for operational demands, while protecting the rights of individuals sought for extradition.
The draft is a revision of existing codes of practice that govern the exercise of police powers in UK extradition cases (this is where the UK is arresting, transporting or detaining an individual subject to a valid extradition request). The revisions also take account of responses to the previous consultation.
The revised draft reflects changes made to the relevant PACE codes and the changes arising from the new power of arrest brought about by the Extradition (Provisional Arrest) Act 2020. While police practice is always to refer to the most recent PACE codes in the context of any arrest, the amendments in the draft codes of practice have been updated to reflect the most recent amendments to PACE codes. The new power of arrest, which applies only to Part 2 of the Extradition Act 2003, is a significant revision to police powers. Compliance with these requirements should be adequately reflected and available in all police guidance and resources to ensure consistency of operational practice.
Following consultation, and any further amendments which may be considered from the consultation, the updated codes of practice will be available and published at the earliest opportunity in 2021.
Documents
Last updated 16 August 2021 + show all updates
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Added accessible HTML versions for ‘Response to the consultation on revisions to the extradition police codes of practice' and ‘Draft of the revised Extradition Act 2003 codes of practice’.
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Added consultation outcome.
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First published.