Extradition (Provisional Arrest) Bill

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The Extradition (Provisional Arrest) Bill was introduced in the House of Lords on 7 January 2020.

Overview

The primary purpose of the Bill is to create a power of arrest, without warrant, for the purpose of extraditing people for serious offences. This would apply to a list of countries specified by the Bill (i.e. Australia, Canada, Liechtenstein, New Zealand, Switzerland and the United States).

In cases where these specified countries make a valid extradition request (as defined under the Bill), a designated authority in the UK would be able to issue a certificate in respect of the request. The issuing of this certificate would allow a constable, customs officer or service police officer to arrest the individual specified without the need to apply to a court. The UK Government intends for the designated authority in the UK to be the National Crime Agency (NCA).

Should the UK to lose access to the European Arrest Warrant , provisions in the Bill would allow the UK Government to apply the new power of arrest to extradition requests made by some or all EU Member States.

Legislative Consent Memorandum

The UK Government has indicated that it does not plan to seek legislative consent from the Scottish Parliament in relation to this Bill.