Home Office in the media

https://homeofficemedia.blog.gov.uk/2019/12/20/extradition-process-factsheet/

UK-US extradition process factsheet

Extradition treaty

Extradition is governed by the UK-US extradition treaty.

Standard extradition process

UK

  •  The decision whether to seek extradition is a matter for the police and the prosecuting authority – usually the Crown Prosecution Service.
  •  The CPS will prepare a request. The documents in the request are then certified by a judge.
  • The final request is then sent to be considered by the Home Office.
  • The Home Office will then forward the extradition request to the relevant state through usual diplomatic channels.

US

  • The decision to accept the request is taken by the US State Department.
  • If the US State Department considers that the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty and forwards it with the original request to the Office of International Affairs at the Department of Justice.
  • There is no time limit for the State Department to complete its consideration.
  • The extradition request will then be considered by the US courts. The final decision on extradition is made by the Secretary of State.

Sharing and comments

Share this page