Member

New clause 82 amends the Extradition Act 2003. Under that Act, the UK can accept extradition requests where the requested person has already been convicted in the requesting state. When considering these cases, if the requested person was convicted in their absence and a UK judge determines that they did not deliberately absent themselves from their trial, a UK judge is bound by the 2003 Act to determine whether the individual is entitled to a retrial in the requesting state. First, the new clause aligns the provisions of the 2003 Act with the trade and co-operation agreement, which governs the right to a retrial in the context of UK-EU extradition co-operation. This will improve legal certainty and remove opportunities for confusion in the extradition system.