Reasons for not Extraditing

The Extradition Act provides a list of reasons why the Court can decide not to Extradite someone. These are called ‘bars’ to extradition. Some bars include:

  • If someone is accused of an offence that has already been dealt with in a court of Law. This is known as double jeopardy, and is aimed at stopping a requested person being prosecuted twice for the same offence in different jurisdictions.

  • Where someone is being accused or has been convicted of Political Offences. This is known as ‘Extraneous Considerations’.

  • Where so much time has passed since the original offence that it would be unfair or oppressive to return the person to face prosecution. This is normally only arguable when the person has not fled the original country knowing that there were outstanding criminal proceedings against them.

  • Where a defendant had not reached an age that the UK deems an age of criminal responsibility when the alleged offence took place. In England and Wales, the law says any child under the age of 10 years cannot be guilty of an offence.

  • Where Hostage-Taking consideration must be given.

  • Where there is a fear that the requested person may be prosecuted for other offences that do not appear on the warrant. This is known as ‘Speciality’.

  • Where the person has already previously been Extradited to the UK if certain requirements are met.

  • If the requested persons mental or physical health were such that a judge should discharge the requested person.