Research Handbooks in Financial Law series
Edited by Barry Rider
Extradition is the legal process for returning a person to the jurisdiction of a foreign state, at the request of that state (“the requesting state”). They may be requested to return only for the purpose of criminal prosecution or for sentencing or the execution of sentence. They cannot be returned for the purpose of investigation. It is different to deportation which is the process by which a country removes the person from within the state. Extradition is a crucial process in the combating of crime, and in particular serious and organised crime, on an international level and through international judicial cooperation. It serves to ensure that a person cannot escape justice by leaving a country. The law also serves to protect those whose extradition is sought in such circumstances where they would suffer injustice or oppression. In this chapter we will provide a concise overview of the law of extradition and the basis upon which someone may oppose extradition. We also focus upon the key principles that lie at the heart of extradition law and have particular importance to international financial crime. Due to the complexity of this area of law, it is impossible to provide a comprehensive overview in this text. Of particular note, we do not deal with procedural issues, abuse of process, bar by reason of earlier extradition to the UK or cases where someone is charged with an offence in this jurisdiction or serving a sentence in this jurisdiction.
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