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.
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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.