4.
Although the statement of the facts of the offence need not establish a prima facie case, it must nevertheless be sufficient to show how the person sought is alleged to have been involved in the offence. Further, since the request must be accompanied by a warrant of arrest, it will be necessary for the authority issuing that warrant to be satisfied as to the connection between the person sought and the offence alleged.
5.
It is acknowledged that the abolition of the prima facie case requirement requires a greater trust in the requesting State but it is clear that between other European countries the European Convention on Extradition (which has no prima facie case requirement) has worked well for nearly thirty years.
6. On the other hand, European countries have experienced considerable problems in extraditing fugitives from the United Kingdom and this has
If the requirement been largely due to the prima facie case requirement.
is removed, we would expect to accede to the European Convention on Extradition and for our extradition procedures with the rest of Europe to work considerably more smoothly. As for the United States, given their own domestic requirement to show "probable cause", we do not know whether they would be willing to have the prima facie requirement removed from the UK/US Extradition Treaty; this would be discussed following the passage of our new legislation. In the case of countries with whom we have extradition treaties which are more or less moribund, we propose to review all those treaties following the passage of the legislation and in many cases to terminate the treaty and in future deal with any extradition requests from those countries on an ad hoc basis without the need for a treaty. It is intended that the prima facie requirement would still apply to any ad hoc arrangements.
7. I hope the foregoing adequately answers your enquiry. you require further clarification, please let me know.
If, however,
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HKD
Mr Leeks, HKD
Mr Hill, Lega NAd
Lega Adviserş
Actica
Taken 24/08/st
RS Glover