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NOT PROTECTIVELY MARKED Extradition back to the UK Policy Policy summary West Yorkshire Police complies with Authorised Professional Practice (APP) which contains information to assist policing, and has established a local policy procedure on extradition to provide clear standards and guidelines. Extradition is the mechanism by which one country requests the return of an individual from another in order for them to be prosecuted for a criminal offence or to serve a term of imprisonment following their conviction for a criminal offence. Aim The aims of this policy procedure are to: • provide an overview of the legislation; • outline the roles and responsibilities of police officers and police staff involved in extraditing offenders to the UK from other countries; • explain the different processes which need to be followed depending on whether the offender is in a category 1 or 2 country; • help officers and staff with the application process; • describe what happens after the application is submitted; • detail the planning and organising required; and • explain how the collecting/escorting should be carried out. Scope This policy procedure applies to all police officers and police staff, in particular those involved in extraditing offenders back to the UK. Compliance Crime (International Co-operation) Act 2003 Extradition Act 2003 APP Investigation – Schengen information system NPIA ACPO Practice Guidance and ACPO (2012) Practice Advice on European Cross Border Investigations Extradition Act 2003 Codes of Practice Related policy procedures European arrest warrants Further information This policy procedure is intended as a brief overview of the extradition process. You should contact the European Arrest Warrants Section, Protective Services – Operations or Protective Services - Crime single points of contact (SPOCs) for further advice. A list of European arrest warrant (EAW) SPOCs can be found on the NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED European and international fugitives/repatriation intranet site. Chapter 1 Introduction Legislation The extradition of wanted persons from abroad is governed by the Extradition Act 2003. The overriding principle is that extradition may only be used for prosecution of offenders or return of persons unlawfully at large. You may not, therefore, pursue extradition proceedings for investigation or interrogation purposes. Unlawfully at large means a person who: • is accused of or convicted of an extradition offence; and • has been sentenced to a term of imprisonment of four months or greater left to serve. Definition of an extradition offence A person may only be extradited if they are accused or convicted of an offence which satisfies the definition of an extradition offence. That is, the Crown Prosecution Service (CPS) may ask to have a wanted person returned to the UK in order to stand trial, be sentenced or serve a sentence (if the person has already been convicted). In basic terms, the: • accused is a person whom the CPS have authorised charges on a full code test basis; and • offence carries a sentence of imprisonment of twelve months or more. While this covers the vast majority of offences investigated by UK police, proportionality must be taken into consideration before starting extradition proceedings. Proportionality As the terms of imprisonment are low, this brings the majority of offences we investigate into play. However, the cost of extradition can be expensive and resource intensive. Therefore, the threat, risk and harm to the public of the offender remaining at large, the seriousness of the offence and the public interest in bringing the offender to justice must be taken into account. The appropriate authority must be obtained before you seek to extradite any person. For further guidance with regard to proportionality, you should contact your senior leadership team (SLT) or detective chief inspector (DCI). Countries with Countries that have extradition arrangements with the UK are divided NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED extradition arrangements into two groups: Group Countries included Category 1 Category 2 Europe Rest of the world List of Covered countries / in Act designations this link Part one this link Part two Process European arrest warrant Extradition procedures In addition, some category 2 countries are further designated as territories that only need information to be supplied and not prima facie evidence. A list of designated countries can be found on PNLD via the above link. Chapter 2 Principles Arrest warrant The vast majority of extradition requests will require some form of domestic (UK) arrest warrant. Single points of contact West Yorkshire Police has identified officers within Protective Services - Crime to be single points of contact (SPOCs) who will plan and organise extraditions. These SPOCs have a responsibility for districts within the Force and will liaise closely with the officer in case (OIC) who has knowledge of the case and is likely to have had dealings with the foreign force. Appropriately trained escort officers The Force will only use police officers on collection and escort duties who have undertaken appropriate training on an accredited West Yorkshire Police course and have the required skills and knowledge, e.g. in aviation safety, fuselage restraint tactics, bodycuff restraint equipment, dynamic risk assessments etc. A risk assessment will be carried out and permission obtained from the travel service, e.g. airline, before transportation takes place. This will significantly reduce the Force’s exposure to litigation. Minimum standard Admin Offenders will be escorted by a minimum of three police officers. Last reviewed: Scheduled for review: September 2015 September 2016 NOT PROTECTIVELY MARKED