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200. A foreigner would not be extradited to a country where he or she might be in danger of persecution or torture. The Home Secretary has unfettered discretion not to surrender a fugitive if he considers that the standard of justice that the fugitive might receive in the requesting country is not adequate.
201. The Extradition Act 1989 has recently introduced important reforms in extradition law. As a means of simplifying and expediting extradition proceedings against serious international criminals, the Act provides for the United Kingdom to enter into extradition arrangements which do not require the requesting State to establish in United Kingdom courts that there is a prima facie case against the fugitive, and defining an extradition crime as any offence punishable with 12 months' imprisonment or more (provided the conduct of which the fugitive is accused would also be an offence so punishable in the United Kingdom). The existing safeguards mentioned above are however preserved or enhanced. For example, specific provision is made for a fugitive to submit representations against the Home Secretary's decision to surrender and to seek judicial review of such a decision.
Exclusion
202. If the Secretary of State is satisfied that a person is or has been concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland, or is attempting or may attempt to enter Great Britain, Northern Ireland or the United Kingdom for such a purpose, he may make an order under the Prevention of Terrorism (Temporary Provisions) Act 1989 excluding him from Great Britain, Northern Ireland or the United Kingdom. The Act also provides powers to effect the removal of an excluded person. A British citizen cannot be excluded from the United Kingdom nor can he be excluded from Great Britain or Northern Ireland if he is ordinarily resident there and has been so throughout the last three years. If a person, within the time-limits laid down, objects to an exclusion order being made against him, the Secretary of State has to refer the matter to a special adviser. Where the person asks to be interviewed by the adviser, this is done unless he has, with his consent, already been removed, in which case an interview is arranged where it is practicable to do so. The adviser writes a report for the Secretary of State.
203. The decision of the Secretary of State on reconsidering the case is final, but only very rarely has the recommendation of an adviser not been accepted. An exclusion order lasts for three years but may be revoked at any time. A new order can be made against a person whose exclusion order has been revoked or expired.
204. The Secretary of State personally considers all applications made by the police for exclusion from Great Britain, Northern Ireland or the United Kingdom and applies strict tests. An exclusion order is made only if there is a clear indication that the person concerned is actively involved in terrorism, or has been so, in most cases within the previous three years. The power is rarely used: on 30 June 1989, 127 orders were in force excluding persons from Great Britain, Northern Ireland or the United Kingdom.