Extradition Act 2003

The Extradition Act 2003 makes provision about extradition.

The Extradition Act 2003 is receiving greater prominence across online business because of high profile computer hacking cases and the need to bring those accused to justice in the country where the harm is done.

Extradition takes place when, at the request of another jurisdiction, a person accused or convicted of a serious offence is returned by the United Kingdom to that jurisdiction, or where a person is returned from another jurisdiction, at the United Kingdom's request, to stand trial or serve a custodial sentence. (This is distinct from deportation where the country in which the person is present initiates the removal process.)

The high-profile case of suspected computer hacker Gary McKinnon has raised calls for the Act’s repeal. The USA does not have to provide prima facie evidence to extradite UK citizens, but the reverse does not apply. In February 2011, the Act was also used to rule in favour of extradition proceedings to Sweden of Wikileaks founder Julian Assange.

Supervision and enforcement

The Crown Prosecution Service's Extradition guidelines set out extradition procedures under the Act.

Reference

Extradition Act 2003

UK/2003/C/41