Tuesday, August 4, 2015

Clare Brown's extradition will require providing UK ALL details on the 1 MDB issue;and at the highest levels :Her Majesty's Secret Services likely to be involved

Malaysia is a Category 2 state under the UK's Extradition Act and hence an extradition request must be made to the Secretary of State, and not the UK police. The involvement of the UK's intelligence services into the whole issue is guaranteed given that  it is the Secretary of State who must decide if the request is valid . He is also in charge of the intelligence services (including Brian Lord's former employer the  GCHQ)
and given the issues and persons involved   ,it is more likely than not that input from  the intelligence services will be required.
The process involves the following:

Extradition from UK: process under Part 2 of the  Extradition Act 2003 (UK)

Part of 2 of the act covers category 2 territories, which include Malaysia.
Requests from these states need decisions by both the Secretary of State and the courts. The Secretary of State has no influence over the time it takes for a case to clear the judicial stages, and time a case takes to complete can vary depending on how complex the case is.
The extradition process to these territories follows these steps:
  1. an extradition request is made to the Secretary of State
  2. the Secretary of State issues a certificate and sends request to court (if request is valid)
  3. preliminary hearing
  4. extradition hearing
  5. Secretary of State decides on extradition 
After the extradition hearing and the Secretary of State’s decision a requested person may be able to appeal to the High Court, and if that is unsuccessful, to the Supreme Court.

Extradition requests: what’s required

When an extradition request is made to the Secretary of State if it’s ‘valid’, the Secretary of State will issue a certificate and send the request to the court.
The request will be valid if it is for a person accused or convicted of an offence, and if it’s made by an appropriate authority, such as a diplomatic or consular representative.

Documents needed to make a request

Generally the information accompanying a request needs to include:
  • details of the person
  • details of the offence of which they are accused or convicted
  • if the person is accused of an offence - a warrant for their arrest or provisional arrest (or a duly authenticated copy)
  • if someone is unlawfully at large after conviction of an offence – a certificate of the conviction and sentence (or a duly authenticated copy), or for provisional arrest, details of the conviction
  • evidence or information that justifies the issue of a warrant for arrest in the UK, within the jurisdiction of a judge of the court that would hold the extradition hearing
If the court is satisfied that enough information has been supplied, an arrest warrant can be issued.
Requesting states are advised to submit an initial draft request to the Crown Prosecution Service (CPS), so that any potential problems can be resolved.


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