Extradition laws and Richard O’Dwyer

When the Coalition entered office in 2010, it recognised that there were long-standing and deeply held concerns about the UK’s extradition arrangements with other EU member states and about our extradition treaty with the United States.

The Home Secretary commissioned an independent panel to consider the following issues:

• the breadth of Secretary of State discretion in an extradition case;
• the operation of the European arrest warrant (EAW), including the way in which those of its safeguards which are optional have been transposed into UK law;
• whether the forum bar to extradition should be commenced;
• whether the US-UK extradition treaty is unbalanced; and
• whether requesting states should be required to provide prima facie evidence.

The review panel undertook an extensive examination of the issues and carefully examined contributions from a range of parties representing all shades of opinion. It has recently published its findings, which can be read here.

The review has reached some controversial conclusions, which is why a debate was held in the House of Commons on 5th December 2011. I understand from the Immigration Minister, Damian Green that all the opinions expressed in that debate and the one that preceded it in Westminster Hall are being given the most careful scrutiny before the Government publishes what action it intends to take in response to the review. I look forward to studying the Government’s proposed action very soon.

Regarding the specific case of Richard O'Dwyer, he is wanted in the US for offences related to copyright infringement. He appeared at Westminster Magistrates' Court on 13th January where the District Judge found there are no statutory bars to surrender.

Accordingly, the District Judge sent the case to the Home Secretary for a decision as to Mr O'Dwyer's surrender. The Home Secretary is now carefully considering the case. As this is a highly legalistic situation and I do not wish to prejudge the Home Secretary - nor am I a legal professional – I must wait for her to make a public statement on the issue.