Download Extradition back to the UK

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