Police and Justice Bill — 7 Nov 2006 at 15:53

Those voting Content failed to carry an amendment (and one that the Commons had previously rejected) that would have given scope for an independent judge to rule on whether a defendant should be tried in Britain instead of being extradited. This would have been implemented through Schedule 14 of the Police and Justice Bill (here) which, in turn, would have amended the conditions of the Extradition Act 2003.

This failed amendment was proposed in spite of the fact that even though the 2003 Extradition Treaty had now been ratified by the United States and there was now a degree of reciprocity in extradition proceedings, the Treaty would not come into full effect until 26th April 2007 (see here) and there was still therefore an opportunity to make amendments.

Charter barrister Ben Cooper writes in the London Advocate, Number 42, September 2007 that:

The Criminal Bar Association, in conjunction with Justice, Liberty and the CBI, lobbied Parliament in November 2006 to introduce a forum amendment to the Extradition Act. However, despite a Lords' majority in favour, the government resisted its introduction. The amendment would have permitted an independent judge to decide the appropriate forum for trial where a case could be tried in either the US or the UK. This would have helped the CPS out of the difficulty that they face in acting for the USA while simultaneously considering the merits of a domestic prosecution.

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