The Extradition Act has not succeeded in eliminating delay and uncertainty, say Nicholas Yeo and Samantha Davies
The Extradition Act 2003 (EA 2003) was enacted with a view to simplifying and expediting the process of extradition both to and from the UK. EA 2003, Pt 1 is intended to give effect to the Council of the EU’s framework decision of 13 June 2002 on the European arrest warrant (the framework decision), by enabling the swift surrender of people sought in relation to criminal proceedings within the EU.
However, the high numbers of appeals and questions of interpretation suggest that the formulaic drafting of EA 2003 has not done away with the complexity and scope for delay prevalent under the old regime. The recent decision of Dabas v High Court of Justice, Madrid, Spain [2007] UKHL 6, [2007] All ER (D) 373 (Feb) is a case in point.
In the current climate, a man sought by the Spanish High Court of Justice to face a criminal charge of complicity in Islamic terrorism, in connection with the Madrid train bombings, may not have had the greatest of prospects
