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leveymg

(36,418 posts)
37. You need to read clauses in context: the UK requires a warrant or conviction to extradite.
Mon May 20, 2013, 11:40 PM
May 2013

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: what’s required

When an extradition request is made to the Secretary of State if it’s ‘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 it’s 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.
Nothing? Anyone? (nt) Nye Bevan May 2013 #1
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
This message was self-deleted by its author Nye Bevan May 2013 #6
he was not charged.. he was detained. Phillip McCleod May 2013 #16
"Mr Assange was arrested by appointment at a London police station at 0930 GMT. " Nye Bevan May 2013 #20
'A person who has not been charged can be arrested.' Phillip McCleod May 2013 #21
there ya go.. i corrected the typo/brain fart.. Phillip McCleod May 2013 #24
Because they don't want him. That's why. MADem May 2013 #32
He was in UK custody for 2 years before he bolted to the Ecuadoran embassy...nt SidDithers May 2013 #5
no he was under house arrest to keep him from fleeing.. Phillip McCleod May 2013 #15
You need to read to facts of the case... SidDithers May 2013 #23
why would the UK do that? they're not *charging* him with *anything* Phillip McCleod May 2013 #26
The UK isn't going to charge him with anything... SidDithers May 2013 #30
the u.s. hasn't asked for extradition.. yet. Phillip McCleod May 2013 #35
Assange isn't in limbo... SidDithers May 2013 #36
No: he may face prison and fines for jumping bail struggle4progress May 2013 #40
Don't try to understand with your mind grasshopper. ucrdem May 2013 #3
Julian? Is that you? randome May 2013 #9
Yes. No. ucrdem May 2013 #14
i'm flattered. Phillip McCleod May 2013 #17
Some grasshoppers are more equal than others! randome May 2013 #28
well that's kinda weird.. but ok.. Phillip McCleod May 2013 #31
Yeah, not really sure what I was aiming for, there. randome May 2013 #45
Rights. Xithras May 2013 #7
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
exactly the obvious point. the UK won't play bad cop. Phillip McCleod May 2013 #19
sure.. 2 reasons.. Phillip McCleod May 2013 #8
He would not be extradited to the US for the rape charges. Nye Bevan May 2013 #11
just figured that one out? incisive. Phillip McCleod May 2013 #13
UK has charges on him now--he violated his bail and disregarded the directives of the court. MADem May 2013 #46
haha.. yeh *now* they have charges.. Phillip McCleod May 2013 #47
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
that fits my earlier point to a tee. Phillip McCleod May 2013 #50
They wouldn't have charges on him if he answered the charges in Sweden. MADem May 2013 #51
I don't think so. That is the one argument that makes the whole US vs. Julian treestar May 2013 #12
The UK Independent reports in December of 2010 Luminous Animal May 2013 #18
Reuters via HuffPo, Aug. 22, 2012: This Parrot is Dead ucrdem May 2013 #22
So, what? The Austrialian and UK press reports that there will be. The U.S. press reports that Luminous Animal May 2013 #25
Your Indepenent link is from 2010. ucrdem May 2013 #27
Sorry. I can't trust the latest U.S. government anonymous sources to deliver the truth. Luminous Animal May 2013 #29
It names 2 US sources, but the point is it's politically a dead letter. n/t ucrdem May 2013 #33
Until an indictment is unsealed, there are no grounds to extradite him to the U.S. leveymg May 2013 #34
I recall a wrinkle in UK law LittleBlue May 2013 #38
"... Sweden (as the UK) is party to the European Convention of Human Rights. The convention has been struggle4progress May 2013 #41
Sweden Violated Torture Ban in CIA Rendition LittleBlue May 2013 #42
Report on CIA rendition reveals massive scale of European assistance struggle4progress May 2013 #43
There is one problem with all of the "extradition" jazzimov May 2013 #39
The US isn't claiming Assange violated US law Recursion May 2013 #44
Here are the players in the vast left-wing conspiracy to 'get' Assange. randome May 2013 #48
Latest Discussions»General Discussion»If the US wants Julian As...»Reply #37