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by Munro Research

Extradition (Provisional Arrest) Act 2020


Official Summary

A Bill to create a power of arrest, without warrant, for the purpose of extraditing people for serious offences

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Overview

This bill amends the Extradition Act 2003, clarifying the process for provisional arrest in extradition cases and specifying the National Crime Agency as the designated authority. It also expands the list of territories covered by the amended process, but this expansion is temporary unless brought into force before the end of 2021.

Description

The bill makes several key changes to the extradition process. Firstly, it designates the National Crime Agency (NCA) as the "designated authority" responsible for handling provisional arrest requests. The Secretary of State retains the power to amend this by regulation. Secondly, it temporarily extends the application of the provisional arrest procedure to several additional European countries, including Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. This expansion is set to expire at the end of 2021 unless implemented before then. Existing sections of the relevant schedule are amended or removed to reflect these changes.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. The changes primarily relate to procedural aspects of extradition, and thus the financial implications are likely to be indirect and difficult to quantify without further information on the operational costs of the NCA and any changes to staffing or resources necessitated by the bill.

Groups Affected

The bill will primarily affect:
The National Crime Agency (NCA): They assume a greater role in extradition proceedings.
Individuals subject to extradition requests: The changes to provisional arrest could affect their rights and legal processes.
Law enforcement agencies in the listed European countries: The temporary extension of the provisional arrest procedure might affect their cooperation with UK authorities.
The Secretary of State: They retain the power to change the designated authority and are responsible for implementing the temporary provisions.

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