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 Crime and Policing Bill is broad in scope and would include measures aimed at tackling anti-social behaviour, knife crime, violence against women and girls, theft, child sexual abuse, other sexual offending, youth radicalisation and more. It would also contain provisions relating to police powers and misconduct investigations.
In January 2025 the House of Lords Constitution Committee published a report on the responsibility of the government (the executive) to oversee the constitution. It concluded that the UK’s constitutional arrangements would benefit from several improved safeguards, such as the appointment of a senior minister to advise on constitutional matters and for advisory bodies to be put on a statutory footing.
This bill seeks to implement the government’s commitments to modernise the asylum and immigration systems, establish a border security command and introduce enhanced powers and offences to tackle immigration crime and people smuggling gangs. It has completed its passage in the House of Commons and is scheduled to have its second reading in the House of Lords on 2 June 2025.
