Overhaul of extradition laws

The Home Secretary, Theresa May, has tabled amendments to the Crime and Courts Bill  that will change the law in relation to extradition in two ways, reports the Telegraph.

If passed the amendments will:

* Pass to the High Court the Home Secretary’s power to consider late representations, on the basis of human rights, against being sent abroad to stand trial; and

* Introduce a “forum bar”, which will allow British courts to block extradition requests where they believe it is in the interests of justice for the trial to take place in the UK.

A Home Office spokesman told the Telegraph that the transfer of power should ensure a good balance between protecting the defendant’s human rights and preventing an abuse of the system by repeatedly delaying the extradition process on spurious human rights grounds.

It is also considered to be more in keeping with the provisions of the existing statutory regime which, according to Sir Scott Baker QC, who carried out a review of the extradition laws, is intended to limit the role of the Government in extradition decisions so as to avoid “any perception that decisions are taken for political reasons or influenced by political considerations.”

 

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