§ Lord Hyltonasked Her Majesty's Government:
How many requests for extradition from the United Kingdom are outstanding; how many persons are currently held in British prisons as a result; and whether they will consider setting time limits by which foreign states must produce relevant evidence.
§ The Parliamentary Under-Secretary of State, Home Office (Lord Williams of Mostyn)As at 20 June 1997, there were outstanding requests for extradition from the United Kingdom in respect of 174 people. Of these, 69 people had been arrested on the basis of the extradition request.
Twenty-eight people are currently held in prisons in England and Wales as a result of extradition requests.
This figure does not cover requests for extradition from the Republic of Ireland. Such requests are dealt with under the procedures laid down in the Backing of Warrants (Republic of Ireland) Act 1965. Figures for those held in custody under this arrangement are not held centrally.
Statutory time limits already exist. Section 9 and Schedule 1, paragraph 5, of the Extradition Act 1989 allow the magistrate to fix a period, in accordance with the relevant extradition arrangement, after which a person will be discharged from custody if no authority to proceed or order to proceed has been issued. Authorities to proceed and orders to proceed are issued once supporting documentation has been received from the requesting State and are formal invitations to Bow Street Magistrates' Court to consider the request against the fugitive. The level of supporting documentation depends on the bilateral or multilateral extradition arrangement with the requesting State. The magistrate has the discretion, in certain circumstances, to extend those time limits. Once an authority to proceed or order to proceed has been issued, extradition cases pass to the 4WA courts. It is open to them to request further information, or to set deadlines. Under Section 16 and Schedule 1, paragraph 10, to the Act, there are also statutory time limits on the time taken for a decision by the Secretary of State on surrender of a fugitive once the case has been to him for final decision.