§ Annabelle Ewing
To ask the Secretary of State for the Home Department what level of evidence is required for an extradition order to be granted to extradite an individual(a) to the USA from the UK and (b) from the UK to the USA; and what plans he has to change such requirements. 
§ Caroline Flint
Extradition relations between the UK and the United States of America are currently governed by the 1976 bilateral treaty (as amended in 1986). The present treaty requires that if the request relates to an accusation case (that is a case where the person has not been convicted) it must be accompanied byA warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the requesting Party and by such evidence as, according to the law of the requested Party, would justify his committal for trial if the offence had been committed in the territory of the requested Party, including evidence that the person requested is the person to whom the warrant of arrest refers".
On 31 March 2003, my right hon. Friend the Home Secretary and the US Attorney General, John Ashcroft, signed a revised bilateral extradition treaty, which we 119WS hope to bring into effect shortly. Article 8 of the Treaty provides that the evidential requirements in an accusation case are as follows:
- (a) a copy of the warrant or order of arrest issued by a judge or other competent authority;
- (b) a copy of the charging document, if any; and
- (c) for requests to the United States, such information as would provide a reasonable basis to believe that the person sought committed the offence for which extradition is requested.