This House of Lords Library Briefing has been published ahead of the scheduled second reading of the Extradition (Provisional Arrest) Bill [HL] on 4 February 2020.
Extradition (Provisional Arrest) Bill [HL]: Briefing for Lords Stages (271 KB , PDF)
The Extradition (Provisional Arrest) Bill [HL] was announced in the December 2019 Queen’s Speech. Its primary purpose is to create a power of arrest, without warrant, for the purpose of extraditing people for serious offences. This would apply to certain countries specified by the bill. In cases where these specified countries make a valid extradition request (as defined under the bill) a designated authority in the UK would be able to issue a certificate in respect of the request. The issuing of this certificate would allow a constable, customs officer, or a service police officer to arrest the individual specified without the need to apply to a court. The Government intends for the designated authority in the UK to be the National Crime Agency.
Were the UK to lose access to the European arrest warrant, provisions in the bill would allow for the Government to apply the new power of arrest to extradition requests made by some or all EU member states.
The bill would also make consequential amendments and create a power for the Government to make further consequential amendments to primary legislation through regulations. The bill consists of two clauses and one schedule.
Extradition (Provisional Arrest) Bill [HL]: Briefing for Lords Stages (271 KB , PDF)
The European Convention on Human Rights was signed by the members of the Council of Europe, including the UK, in Rome in 1950. The UK was one of the first states to ratify it in 1951 and it is now incorporated into UK law through the Human Rights Act 1998. The UK government has recently restated its unequivocal commitment to the convention.
The crown court backlog reached a record high of 73,105 cases in September 2024. The impact on victims, witnesses and defendants has been significant as they wait longer for their cases to be resolved. The government commissioned an independent review of criminal courts that will produce reform recommendations to address crown court pressures. Whilst stakeholders have welcomed the review, some have called for more immediate action to reduce the backlog.
In the UK, human body parts can legally be held in museums and private collections, as well as offered for sale. Many items were collected in colonial contexts, without the consent of communities. Indigenous groups are campaigning for the return of their ancestors’ remains. This briefing sets out the relevant background and law on this issue in the UK.
