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In reply to the discussion: If the US wants Julian Assange, why not extradite him directly from the UK? [View all]leveymg
(36,418 posts)37. You need to read clauses in context: the UK requires a warrant or conviction to extradite.
That much is basic law, shared in common with the US and most other countries. What you're reading is a Section that makes it possible for the British authorities to arrest a wanted person from certain countries without having a certified copy of the indictment in hand. Under no circumstances could the UK actually deport someone to the US they had cause to believe had not been indicted or convicted.
Extradition requests: whats required
When an extradition request is made to the Secretary of State if its valid, the Secretary of State will issue a certificate and send the request to the court.
The request will be valid if it is for a person accused or convicted of an offence, and if its made by an appropriate authority, such as a diplomatic or consular representative.
Documents needed to make a request
Generally the information accompanying a request needs to include:
details of the person
details of the offence of which they are accused or convicted
if the person is accused of an offence - a warrant for their arrest or provisional arrest (or a duly authenticated copy)
if someone is unlawfully at large after conviction of an offence a certificate of the conviction and sentence (or a duly authenticated copy), or for provisional arrest, details of the conviction
evidence or information that justifies the issue of a warrant for arrest in the UK, within the jurisdiction of a judge of the court that would hold the extradition hearing
If the court is satisfied that enough information has been supplied, an arrest warrant can be issued.
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If the US wants Julian Assange, why not extradite him directly from the UK? [View all]
Nye Bevan
May 2013
OP
Assange has not been in UK custody. That's thje same as US>--He's in Ecuador embassy
librechik
May 2013
#2
He was arrested in the UK in 2010, but did not hole up in the Ecuadorian embassy until June 2012.
Nye Bevan
May 2013
#4
"Mr Assange was arrested by appointment at a London police station at 0930 GMT. "
Nye Bevan
May 2013
#20
He was in UK custody for 2 years before he bolted to the Ecuadoran embassy...nt
SidDithers
May 2013
#5
According to this link, the US does *not* need to supply prima facie evidence
Nye Bevan
May 2013
#10
You need to read clauses in context: the UK requires a warrant or conviction to extradite.
leveymg
May 2013
#37
UK has charges on him now--he violated his bail and disregarded the directives of the court.
MADem
May 2013
#46
They've got "custody." They just don't have to make him dinner or call the doctor if he's sick.
MADem
May 2013
#49
So, what? The Austrialian and UK press reports that there will be. The U.S. press reports that
Luminous Animal
May 2013
#25
Sorry. I can't trust the latest U.S. government anonymous sources to deliver the truth.
Luminous Animal
May 2013
#29
Until an indictment is unsealed, there are no grounds to extradite him to the U.S.
leveymg
May 2013
#34
"... Sweden (as the UK) is party to the European Convention of Human Rights. The convention has been
struggle4progress
May 2013
#41