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Uk/US Extradition Treaty ratified

HOME OFFICE News Release (075/2007) issued by The Government News Network on 26 April 2007

The United Kingdom and United States have today ratified a bilateral extradition treaty to ensure more effective arrangements to bring offenders from either state to justice.

The treaty will modernise and extend the arrangements for extradition between the US and the UK and for the first time allow for the extradition of individuals accused of twenty-first century crimes, such as child internet pornography, which were not extraditable offences under the old arrangements.

At a ceremony in Central London today the Instruments of Ratification were exchanged by Home Office Minister Baroness Scotland and US Ambassador to the UK Mr Robert H Tuttle. This enables the 2003 bilateral extradition treaty to enter into force under international treaty protocol. The treaty's new provisions include:

* Defining an extraditable offence as one punishable by a 12 month or longer sentence in both states. This will replace the list of extradition offences in the 1972 treaty. Offences not on the 1972 list, for example child internet pornography, will in future be classed as extraditable offences if they are punishable by a year or more imprisonment in both states.

* Removing US statute of limitations issues. Extradition to the UK could currently be barred if the offence is not prosecutable in the US due to the lapse of time since it was committed. This will no longer be applicable to extraditions to the UK.

* Introducing a measure to allow for the temporary surrender of persons serving a prison sentence in the requested state. Temporary surrender means the victim does not have to wait until the suspect has served his sentence in the US for justice to be done in the UK and vice versa.

* Permitting the waiver of the rule of speciality. This will enable the prosecution of the extradited person for an offence for which he was not extradited, providing the state from which he was extradited consents.

The treaty, and the Extradition Act 2003, have also redressed the unequal balance that existed under the terms of the 1972 Treaty in which the UK required more from the US than they asked of the UK. The US was required to demonstrate a prima facie evidential case in support of extradition requests made to the UK, whereas the UK merely had to demonstrate 'probable cause'.

The 'probable cause' test is broadly comparable to the requirement for 'information which would justify the issue of a warrant for the arrest of a person' that the UK will now require of the US.

Home Office Minister, Baroness Scotland, said:

"This Government is committed to ensuring that we rebalance the criminal justice system in favour of victims and bring offenders to book wherever they may be. The ratification of this treaty is a key example of how we are working with our international partners to achieve these goals

"The ratification of this treaty will allow us to ensure that criminals in hiding in the US, who have been wanted by this country for some time, are returned here to face justice.

"At the same time it will provide full and effective safeguards for the rights of requested persons from the UK."

US Ambassador, Robert Tuttle, said:

"I am very pleased that the United States and the United Kingdom have taken the steps to bring this important treaty into force.

"The implementation of this treaty benefits both our countries. It's a practical measure that grows out of the excellent law enforcement cooperation we share."

Notes to Editors:

1. The Treaty was signed on 31 March 2003 by then Home Secretary David Blunkett and US Attorney General John Ashcroft.

2. Certain provisions in the Treaty were given effect in the UK by the entry into force of the Extradition Act 2003 on 1 January 2004.

3. The 2003 Treaty was formally approved by the US Senate on 29 September 2006 and the US Treaty Approval Document was signed by President Bush on 6 December 2006.

4. The previous extradition arrangements between the US and the UK were those in the 1972 Treaty, as amended by a supplementary Treaty in 1985.