This item was published during the term of a previous administration that ended in April 2007
Listen
Extradition laws streamlined
21/11/2002
Proposals have been unveiled that will enable Scotland
to benefit from new, streamlined extradition laws.
Justice Minister Jim Wallace announced new proposals
while speaking in the Scottish Parliament on the Sewel
debate on the Extradition Bill.
While the Extradition Bill is reserved to the UK
government it does allow Scottish Ministers to handle the
extradition of fugitives to and from Scotland.
The main differences between the existing arrangements
and the new proposals are, under the new proposals, the
UK's extradition partners will be split into two broad
categories, one which will apply initially to EU countries
and the other to our remaining extradition partners.
Within EU countries, the new arrangements will involve
the operation of the European Arrest Warrant which will see
a greater role for the courts and the imposition of a tight
timetable - allowing extraditions to be resolved
quicker.
Outside the EU the new system will bear a closer
resemblance to the present arrangements, but in streamlined
form without the many overlapping avenues of appeal.
Jim Wallace said:
"Although extradition is reserved, the new legislation
will ensure that decisions about the extradition of
individuals to and from Scotland will continue to be taken
by Scottish courts and by Scottish Ministers as
appropriate.
"The system is being streamlined to reduce duplication
and delays. The European Arrest Warrant will deliver
justice for victims at home and abroad. Justice delayed
can be justice denied - it is intended to reduce the
average time it takes to extradite someone to 60 days, 90
days if they appeal.
"It removes the time bar - it will no longer be possible
automatically to refuse extradition if the alleged crime is
well in the past. This will be particularly beneficial for
those who when children were the victims of serious sexual
crimes but who only felt able to come forward as
adults.
"And it will not longer be possible for one European
country to refuse to extradite a person to another -
regardless of the seriousness of their crimes - solely
because the individual sought is a national of the state
concerned."
The Bill also makes provision for any Sheriff in
Scotland to issue a European Arrest Warrant for the return
of a fugitive from Scottish Justice.