Dear Anne-Marie - I hope you are well. It has been too long since we have talked! I have a UK extradition question which has been raised by a UK citz facing a US crime and currently being detained in the US. The defendant is seeking bail in the US and wants to execute a prophylactic “consent to be extradited” from the UK as proof that he is not a flight risk. My understanding of UK law is that even if a defendant consents to be extradited, a UK judge still has to independently be satisfied that the extradition comports with UK law. So for instance, if the defendant is released, flees to the UK, and then faces UK extradition, that consent may be evidence, but a UK judge would still have to decide on all factors potentially applicable at the time of the extradition. (The defendant may also claim that his prophylactic consent was coerced by his condition in the US.) Do I have that right? Is there a case or two which I can cite for standards for that proposition?
This document is an email chain from December 2020 discussing extradition law, specifically concerning the enforceability of a defendant's consent to extradition from the UK to the US. The emails involve individuals from the US Department of Justice and the Crown Prosecution Service, clarifying that consent given in the US would not be binding in the UK and that a UK judge must independently verify extradition compliance with UK law. The discussion centers on a UK citizen, detained in the US, attempting to use prophylactic consent to extradition as proof of not being a flight risk for bail purposes.
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