DOJ-OGR-00002102.jpg
733 KB
Extraction Summary
3
People
3
Organizations
2
Locations
3
Events
2
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
733 KB
Summary
This document, a page from a court filing, details the legal framework and timelines for extradition from the UK, with a focus on requests from the US. It explains that while contested cases can take over 10 months, consenting to extradition can reduce the timeframe to within three months. The document outlines the specific legal procedure for giving consent under the Extradition Act 2003, detailing the roles of the judge and the Secretary of State in the process.
People (3)
| Name | Role | Context |
|---|---|---|
| appropriate judge | Judge |
A judicial figure responsible for informing the requested person about consent, receiving consent, and managing the e...
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| Secretary of State | Secretary of State |
A government official to whom the extradition case is sent, and to whom consent must be given if the case has already...
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| requested person | Subject of extradition request |
The individual whose extradition is sought and who may consent to it.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| UK Government | Government agency |
Mentioned as having estimated in July 2013 that Part 2 extradition cases took approximately 10 months on average.
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| HM Government | Government agency |
Cited in a footnote regarding a decision related to the Treaty on the Functioning of the European Union.
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| European Union | Intergovernmental organization |
Mentioned in a footnote via the "Treaty on the Functioning of the European Union".
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Timeline (3 events)
2013-07
The UK Government estimated that Part 2 extradition cases took approximately 10 months to conclude on average.
United Kingdom
An initial hearing where a requested person is produced before a judge and informed about the process and implications of consenting to extradition.
court
A requested person gives consent to extradition, which must be in writing and is irrevocable. This action has consequences for the extradition hearing.
Locations (2)
| Location | Context |
|---|---|
|
Mentioned in the context of "US extradition requests" and "US extradition cases".
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|
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The jurisdiction whose laws (Extradition Act 2003) and government (UK Government) are being discussed.
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Relationships (2)
The judge is required to provide the requested person with specific information about consenting to extradition at an initial hearing.
The document outlines a legal process where the case is handled by the judge initially, and can then be sent to the Secretary of State, changing where consent must be given.
Key Quotes (1)
"the required information about consent"Source
— Extradition Act 2003 (as cited in the document)
(Describes the specific information that an appropriate judge must provide to a person whose extradition is requested at their initial hearing.)
DOJ-OGR-00002102.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (2,445 characters)
Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 7 of 29
An overview of the timeframes in relation to US extradition requests
12. The timescales applicable to extradition proceedings are defined by statute and are set out in Annex D, along with the circumstances in which the time-limits can be extended.
13. There are few publicly available figures with respect to the timescales in Part 2 extradition cases in general, and none with respect to US extradition cases. In July 2013, the UK Government estimated that, on average, Part 2 extradition cases took approximately 10 months to conclude³⁷. In practice, contested US extradition cases can take longer than 10 months, although the majority conclude within two years.
14. These timescales are significantly reduced in cases such as this one where the requested person consents to his or her extradition at an early stage in the process. In those cases, extradition would be likely to take place within three months.
B. Consent to extradition
15. At the initial hearing where a requested person is first produced before the court, the appropriate judge is required to give them “the required information about consent”³⁸. This information is: (a) that the person may consent to extradition; (b) an explanation of the effect of consent and the procedure that will apply if consent is given; and (c) that consent must be given in writing and is irrevocable³⁹.
16. Where consent is given before the case has been sent to the Secretary of State, it must be given at a hearing before the appropriate judge⁴⁰. Once the case has been sent to the Secretary of State, consent must be given to the Secretary of State⁴¹.
17. Where consent is given before the case is sent to the Secretary of State, the consequences are as follows:
(a) If the appropriate judge has not fixed a date for the extradition hearing, they are not required to do so⁴²;
(b) If the extradition hearing has begun, the appropriate judge is no longer required to proceed with it⁴³.
³⁷ HM Government, Decision pursuant to Article 10 of Protocol 36 to the Treaty on the Functioning of the European Union, July 2013, Cm 8671, page 94.
³⁸ Extradition Act 2003, ss. 72(7)(b) and 74(7)(b).
³⁹ Extradition Act 2003, ss. 72(8) and 74(8).
⁴⁰ Extradition Act 2003, s. 127(4), (6)-(7).
⁴¹ Extradition Act 2003, s.127(5).
⁴² Extradition Act 2003, s. 128(2).
⁴³ Extradition Act 2003, s. 128(3).
³⁸ Extradition Act 2003, ss. 72(7)(b) and 74(7)(b).
³⁹ Extradition Act 2003, ss. 72(8) and 74(8).
⁴⁰ Extradition Act 2003, s. 127(4), (6)-(7).
⁴¹ Extradition Act 2003, s.127(5).
⁴² Extradition Act 2003, s. 128(2).
⁴³ Extradition Act 2003, s. 128(3).
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DOJ-OGR-00002102
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