Policy paper

The human rights implications of UK extradition policy: response to 15th report of the Joint Committee on Human Rights

This publication was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

The government response to the 15th report from the Joint Committee on Human Rights (session 2010 to 2012, HL 156, HC 767).

Document

The human rights implications of UK extradition policy: government response to 15th report of the Joint Committee on Human Rights

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Detail

The government’s response to the recommendations made by the Joint Committee on Human Rights:

  • codify the case-law on double jeopardy
  • add requirement for the requesting country to show a prima facie case
  • extend the facility to request further information
  • government should take the lead in seeking to ensure that there is equal protection of rights, in practice as well as in law, across the European Union
  • implement a proportionality principle in the Framework Decision
  • review the list of 32 offences for which double criminality is not considered
  • ensure that other Member States do not use the European Arrest Warrant (EAW) for purposes of investigation
  • the system for removal of EAW requests should be improved
  • transpose safeguards into the Extradition Act 2003
  • increase the proof required for the extradition of British citizens to the US
  • renegotiate article 5(3) of the US-UK extradition treaty to exclude the possibility that extradition is requested and granted in cases where the UK authorities have already made a decision not to charge or prosecute an individual
  • standardise the information received by those subject to extradition
  • provide details of procedures in relation to extradition of persons subject to immigration control
  • Crown Prosecution Service to consider carefully whether suspects can be tried in the United Kingdom
  • lessons from the European Arrest Warrant must be learned when negotiating the form of the European Investigation Order