Overview of the Act
- The Extradition (Provisional Arrest) Act 2020 amends Part 2 of the Extradition Act 2003 ("the 2003 Act") to create a new power of arrest for extradition purposes. Part 2 of the 2003 Act deals with extradition to territories with which the UK has formal extradition arrangements based on the exchange of extradition requests between governments. In contrast, Part 1 is designed to implement arrangements based on the exchange of arrest warrants, such as the European Arrest Warrant (‘EAW’) scheme.
- The new power of arrest enables law enforcement officers to arrest individuals without a warrant of arrest from a UK court in certain cases falling under Part 2 of the 2003 Act. This new power only applies where the request for an individual’s arrest for extradition purposes (which could, for example, take the form of an Interpol red notice but the form of the international arrest alert is not prescribed) has been certified as having been issued by a specified country (one of the listed countries to which the new power of arrest applies) and in relation to a serious offence.
- The amendments to Part 2 of the 2003 Act are set out in the Schedule to the Act. Part 1 of the Schedule makes provision for the new power of arrest set out above. Part 2 of the Schedule makes necessary consequential amendments to the 2003 Act and other legislation. It also provides a power to make further consequential amendments.
