§ Lord Marlesfordasked Her Majesty's Government:
Whether it is their policy to refuse extradition of persons to the United States where the offence for which such persons would be tried by American courts could carry the death penalty; and whether they will only make exceptions to this policy where the United States authorities guarantee that the death penalty will not be imposed or carried out. [HL1050]
§ Lord RookerThe United Kingdom is a signatory to the Sixth Protocol to the European Convention on Human Rights which outlaws the application of the death penalty. Consistent with the convention, the Extradition Act 1989 provides that extradition may be refused if the fugitive stands accused or convicted of an offence for which he could be or has been sentenced to death. The United Kingdom/United States Extradition Treaty also provides that extradition may be refused unless the requesting party gives satisfactory assurances that the death penalty will not be carried out. In practice, US extradition requests involving capital crimes are very rare. Not all US states continue to apply the death penalty. Those which do stand ready in extradition cases to provide assurances that the death penalty will not be carried out.