Extradition within the United Kingdom Essay Example | Topics and Well Written Essays - 4500 words

Extradition within the United Kingdom - Essay Example To extradite means to return a criminal suspect into his country of origin or in a country in which he is to face trial. Suspects have the right to waive extradition in that they may choose to wilfully go back to the country in which the charges are pending. In certain circumstances the country in which the suspect has fled to may opt not to extradite the individual if they feel that the warranty for prosecution is not valid enough. (UK Parliament, 2000) Since extradition is governed by international laws, then most countries have entered into treaties to determine how suspects may be treated. Some countries may opt not to extradite persons that have been charged with serious crimes. In other circumstances, some countries may be specific about the extradition of persons who have committed serious crimes. In other scenarios, certain countries may have very complicated procedures for extradition and this may eventually lead to legal hurdles for the country conducting the trial. Certain countries such as Canada may not allow extradition if it is found that the suspect is likely to face the death penalty. Usually between the United Kingdom and other states contain information about extraditable offenses, conditions to waive extradition, conditions of entry into the country and what could lead to termination of extradition. In the United Kingdom (or a... In other words, it also called the outgoing extradition. However, since the United Kingdom is a member of the European Community, then it must comply with rules and regulations that have been written down by this body. One such instrument is the European Arrest Warrant or the EAW. The latter scheme is a common extradition law that is supposed to apply to all member states of the EC. However, the latter is not an exclusive document that is supposed to be treated independently. Instead, countries are expected to enact national legislations through the use of the EAW. In fact, very few countries within the EU have enacted the EAW. (UK Parliament, 2003) There are varying ways in which countries have implemented the EAW; however, most of the common features include decisions on who is to carry out the extradition and what duration of time is necessary for the entire process. Usually, most countries in the EU expect that extradition should be conducted by a court of law rather than a particular individual such as a government minister. Additionally, countries require that extradition be done in a period that is less than sixty days. Summary of the Conditions for extradition in the UK The details of this act shall be examined below but before getting into the intricacies, it is imperative to look into some of the overall themes involved. In other words there are some minimum requirements that govern the process of extradition in the region. First of all, for extradition to the United Kingdom, the country under consideration must have entered into a treaty or a convention with the country involved. Besides this, the crime under consideration must be one that is covered by