In the News
• Both Julian Assange, founder of Wikileaks, and Shrien Dewani, husband of the woman who was killed while on honeymoon in South Africa, have appeared at the City of Westminster Magistrates’ Court in the past 24 hours in relation to extradition requests from foreign jurisdictions.
We have been asked similar questions about the extradition process several times, so we thought it would be helpful if we shared some Q&A with our readers:
1. What is the CPS’s position? Why are you ‘prosecuting’ these cases?
The CPS is not prosecuting these cases. We act on behalf of the foreign jurisdiction in court and follow their legal instructions. We must do so if the UK has an extradition agreement with them (as they must do for us in their jurisdiction whenever we submit an extradition request to them).
Any questions about why a request has been made should be directed to the authorities in the country that made the request. Neither the CPS nor the DPP have any role in decision making on extradition requests from foreign jurisdictions.
2. How long will the extradition process take?
As soon as someone is arrested on an extradition warrant, they appear in court as soon as possible – sometimes on the same day, but usually within 12 to 24 hours – for the first hearing. This is adjourned for a full extradition hearing, which will normally happen within several weeks of the suspect’s first appearance at court. If the extradition is ordered, the suspect has the right of appeal. It is impossible to predict how long the entire process will take. The aim of the European Arrest Warrant (EAW) is to make the procedure as swift as possible while observing the due process of the law.
3. Why can the court deny bail?
The court can refuse to grant bail on three grounds: the risk of further offending, the risk that the suspect will interfere with witnesses and the risk that the suspect will flee. It is for the court to determine how serious these risks are and decide whether the risk justifies the suspect being remanded in custody.
4. Where are suspects held if they are refused bail?
Custody arrangements are a matter for the police and the National Offender Management Service, not the CPS.
If you’d like to learn more about the extradition process, please see the Extradition fact sheet in our News Centre. You can also read our in depth legal guidance.
• A report in the latest edition of Private Eye questions our decision not to bring any charges in relation to the death of a young moped rider, Ryan Stewart, in Gloucestershire, who died following a collision with a car driven by a police officer. The inquest concluded his death was accidental. Our full explanation is as follows and attributable to a CPS spokesperson:
“This case was reviewed by a District Crown Prosecutor and it was decided that there was not a realistic prospect of convicting Miss Dover of a criminal offence. An inquest has taken place and a verdict returned of accidental death. We have not at this stage been invited by the police to re-consider our decision as we understand that no further evidence was heard by the Coroner in addition to that considered by the CPS under the Code for Crown Prosecutors.”
CPS Diary
• The sentencing at Bristol Crown Court of three defendants in the Little Ted's nursery abuse case, including Colin Blanchard, that was scheduled for tomorrow has been postponed to the New Year.
