§ Mrs. DunwoodyTo ask the Secretary of State for the Home Department if he will define the test of dual criminality. [26604]
§ Mr. Bob AinsworthThe issue of dual criminality arises mainly in the context of extradition. Under the Extradition Act 1989, dual criminality will ordinarily be established where the fugitive's alleged conduct discloses an equivalent offence under United Kingdom law which would be punishable in both countries with a prison sentence of 12 months or more. For cases arising under schedule 1 to this Act where the request is made under a bilateral treaty, the conduct must also be found on a list of offences set out in the treaty. In the case of the backing of warrants scheme which governs our extradition relations with the Republic of Ireland, the conduct must be punishable in both countries with a prison sentence of six months or more.
If the appropriate test for dual criminality is not satisfied, the extradition fugitive must be discharged under existing legislation.
There is also a test for dual criminality in respect of a limited number of requests for mutual legal assistance. This is where an incoming request involves the exercise of search and seizure powers or the special investigation powers of the Serious Fraud Squad in cases of serious or complex fraud. Again, if the crime alleged on the request is not a crime in the United Kingdom, there is no dual criminality, and the request cannot proceed.