What is the rule on extradition?

Asked by: Noel Auer  |  Last update: November 21, 2025
Score: 4.1/5 (71 votes)

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

What is the extradition law in the UK?

The Extradition Act 2003 is the primary legislation that outlines the procedure for extradition to and from the UK, detailing how individuals can be legally and formally transferred between jurisdictions to face trial or sentencing.

What stops extradition?

Double Jeopardy

Extradition can be denied if the individual has already been tried, acquitted, or convicted of the same crime in the requesting jurisdiction. The principle of double jeopardy prevents an individual from being prosecuted or punished for the same offense more than once.

Who Cannot extradite?

For example, China, Iran, North Korea and Russia are all non-extradition countries. Additionally, countries without a U.S.-extradition treaty are more likely to be located in Africa, Asia, the Middle East and the former Soviet Union.

What crimes can cause extradition?

Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada.

How extradition works or doesn't | Fugitives Next Door

21 related questions found

What are the rules of extradition?

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

What is an exception to extradition?

Most countries do not allow for extradition for political crimes, which is known as a political-offense exception. The political-offense exception is a clause that limits a sovereign state's responsibilities under an extradition treaty or legislation .

What countries can you not be extradited back to the UK?

Countries With No Extradition Treaty with UK
  • Afghanistan;
  • Algeria;
  • Armenia;
  • Belarus;
  • Angola;
  • Azerbaijan;
  • Bahrain;
  • Benin;

How to avoid extradition from the UK?

Some potential extradition defenses include:
  1. Human Rights. Extradition will not be allowed if there are legitimate concerns that returning an individual to another country could lead to a violation of their human rights. ...
  2. Double Jeopardy. ...
  3. Place. ...
  4. Time. ...
  5. Ulterior motive. ...
  6. Third-Party Extradition.

Who has authority over extradition?

During the judicial phase, a court will determine whether the extradition request meets the requirements of the applicable extradition treaty and the law of the requested country. If so, the judicial authority will rule on whether the person may be extradited.

Which country refuses to extradite?

These include China, Iran, North Korea, Russia, Montenegro, Brunei, Vietnam and Ethiopia. In addition, US non-extradition countries are mostly located in Africa, the former Soviet Union and the Middle East.

Why would you refuse extradition?

Extradition may be denied for political offenses, and some countries refuse to extradite their own citizens. Many treaties and laws prohibit extradition if the individual may face torture, inhumane treatment, or the death penalty in the requesting country.

What happens if you flee the country to avoid jail?

Extradition From the U.S. to Another Country

If someone is suspected of committing a crime, they may try and leave the country to avoid a trial or punishment. However, if they go to a country that has an extradition agreement with the United States, they may find themselves turned over to U.S. custody.

Can you be extradited for debt?

Of course not. Extradition is for criminals. A judgment on a debt is in civil court.

What countries can the UK extradite you from?

Bilateral UK Extradition Agreements
  • Albania*
  • Hong Kong SAR **
  • Paraguay.
  • Algeria.
  • India.
  • Peru.
  • Argentina.
  • Iraq.

How do prisoners get extradited?

To extradite a suspected or convicted criminal from one jurisdiction to another, a rendition aircraft may be used, although the high cost involved means that it is normally used only to transport the most dangerous of prisoners; more commonly, a person convicted of a non violent crime with low risk of escape is often ...

What crimes can you be extradited for in the UK?

Our specialist Extradition lawyers have dealt with a range of types of Extradition Warrants, addressing a wide range of criminal allegations including Murder, Serious Violence, Robbery, Serious Fraud, International Drugs operations and even Driving without a licence!

What crimes are not extraditable?

The political offense exception to extradition generally prevents a person from being extradited to face prosecution for crimes committed in furtherance of a political uprising, movement, or rebellion in the country in which such occurrences took place[xii].

What can you be extradited for?

Generally, international extradition applies to serious offenses such as murder, drug trafficking, fraud, and other major crimes. When dealing with interstate extraditions, the prosecuting authority can extradite a person for any felony prosecution.

What countries have zero extradition?

9 Countries with No Extradition Treaty with the US
  • Brunei. A small sovereign state on the island of Borneo, Brunei does not have an extradition agreement with the US. ...
  • Russia. ...
  • Gulf States. ...
  • Montenegro. ...
  • Ukraine and Moldova. ...
  • Vietnam. ...
  • Maldives, Vanuatu, Tunisia. ...
  • Ecuador.

Will Russia extradite to the UK?

The simple answer is no, as long as they stay in Russia, unless there is a dramatic change in law and politics in Russia, or a diplomatic breakthrough which is highly unlikely. Russia do not extradite their own nationals, therefore the UK government accepts that issuing any formal extradition request is futile.

What is an example of extradition?

Famous examples include the extradition dispute with Canada on Charles Ng, who was eventually extradited to the United States on murder charges. Countries with a rule of law typically make extradition subject to review by that country's courts.

What crimes cause extradition?

The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled.

Why do criminals waive extradition?

The desire to avoid the excess time, expense, and frustration involved in a protracted extradition are other reasons to waive extradition.

What is the extradition law?

Overview. Extradition is the removal of a person (typically referred to as a fugitive ) from a requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Some relevant case law for extradition can be found in e.g. United States v.