Extradition Procedures in Scotland
Extradition is the process for the return of persons accused or convicted of serious offences from one country to another. The legal framework for extradition within Scotland is contained in the Extradition Act 2003 (the "2003 Act").
As extradition is a reserved matter the Home Office has overall responsibility for the extradition policy of the UK. However, the criminal law in Scotland is devolved, so incoming requests for the extradition of a person resident in Scotland are dealt with by Scottish authorities.
The Scottish Government transmits outgoing extradition requests prepared by prosecuting authorities in Scotland (the Crown Office and Procurator Fiscal Service) to the British Embassy/High Commission in the requested state.
The Home Office deals with outgoing extradition requests in England and Wales and the Northern Ireland Office deals with requests made by Northern Ireland prosecutors.
Extradition Relations
The United Kingdom has extradition relations with more than 100 countries under multilateral extradition conventions or agreements, or under bilateral extradition treaties. These conventions, treaties, or agreements also apply to Scotland, being part of the UK. These are designated in the 2003 Act as being either category 1 or category 2 territories.
Under the 2003 Act, EU Member States who have implemented the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States are designated as Category 1 territories under Part 1 of the Act. Extradition requests made to these Category 1 territories are dealt with under the European Arrest Warrant ("EAW") procedure.
Other territories with whom the United Kingdom has extradition relations have been designated as Category 2 territories under Part 2 of the 2003 Act.
The following links to the Home Office website provide the full lists of Category 1 and Category 2 territories.
The Home Office website also provides additional background on the European Arrest Warrant and outgoing extradition requests.
Section 194 of the Act also provides for the negotiation of a special arrangement for extradition with states with whom no other extradition provisions exist. These types of provisions are only rarely used.
All other outgoing extradition requests are made under the Crown prerogative. They can be made to any country but almost all are made to the UK's existing extradition partners in accordance with the relevant multilateral or bilateral arrangements.
Mutual Legal Assistance
Mutual Legal Assistance (MLA) is the formal way in which countries request and provide assistance in obtaining evidence located in one country to assist in criminal investigations or proceedings in another country.
Further information on Mutual Legal Assistance can be found at the Home Office website.