Evidence for an overhaul of the current rendition laws
British residents should not be extradited without a basic prima facie case being presented against them in a UK court. The Extradition Act of 2003 means that British residents can be extradited without a British court ever having the chance to assess whether there is adequate evidence against them.
A judge should also have the right to bar an extradition if he/she feels the crime committed was done so at least partially In the UK and therefore that there should be a bar on extradition. Ass it stands, the current extradition bar forum bar is arguably not effective enough. Despite the possibility that the extraditions of Gary McKinnon, Richard O'Dwyer and Baba Ahead could have been prevented did an effective forum bar was in place, the current bar can be vetoed by the Director of Public Prosecutions.
Unjust extraditions are also far more likely under the current legislation, due to the automatic right of appeal having been scrapped - it therefore needs to be reintroduced with great urgency.
The Home Secretary's decision to remove the obligation to bar extradition to countries with questionable human rights records also means that the right of individuals to be protected from torture and ill-treatment can be violated. In the past this was an obligation that saved Gary McKinnon from this fate.
12 September 2014