Extradition is governed by the UK-US extradition treaty.
Standard extradition process
- 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.
- 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.