The extradition process in the UK involves a number of steps. Here is all you need to know about them:
Fugitive Nirav Modi was on Wednesday arrested in London following India's request for extradition of billionaire jeweller who is wanted in the Rs 13,000 crore PNB fraud.
British police said Modi was arrested on behalf of the Indian authorities. Police said Modi, 48, had been arrested in the Holborn area of central London on Tuesday and was due to appear at London's Westminster Magistrates Court on Wednesday.
Indian agencies had sent two requests to the UK authorities seeking the extradition of PNB scam accused Nirav Modi to India. While one request was sent by the Central Bureau of Investigation (CBI) the other was sent by the Enforcement Directorate.
The arrested of fugitive diamantaire is just the beginning of the extradition process and may take nearly two years before the businessman is extradited to India.
The extradition process in the UK involves a number of steps. Here is all you need to know about them:
1. Extradition request
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Countries outside the UK with whom the country has international extradition arrangements need decisions by both the Secretary of State and the courts.
The first step is extradition request by the country to the Secretary of State.
In the case of Nirav Modi, India sent two requests to the UK authorities - one each by the CBI and the ED.
"In August 2018, the government sent two requests, one from the CBI and the other from the Enforcement Directorate, to the authorities of the UK seeking the extradition of Nirav Modi to India," Minister of State for External Affairs VK Singh told Rajya Sabha while replying to a question on December 29 last year.
2. Decision by Secretary of State
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A decision is taken by the UK Secretary of State (in this case Sajid Javid) whether to certify the request or not. Last week, the ED said that the United Kingdom's home secretary had referred India's request for extraditing bank-fraud accused Nirav Modi to a court for initiating legal proceedings. Sources in the Enforcement Directorate (ED) said they had been officially informed about UK home secretary Sajid Javid's move to forward the case to a London court earlier this month.
3. Warrant for arrest
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A judge decides whether to issue a warrant for arrest of the accused. If the court is satisfied that enough information has been supplied, an arrest warrant can be issued. The court must be satisfied that there are reasonable grounds for believing that the conduct described in the request is an extradition offence (which includes the requirement for dual criminality).
An arrest warrant was issued for Modi by London's Westminster Magistrates Court following which the British Police made the arrest on Tuesday.
4. Preliminary hearing
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The accused person is arrested and brought before the court. Police said was Nirav Modi was due to appear at London's Westminster Magistrates Court on Wednesday.
After the person has been arrested he is brought before the court and the judge sets a date for the extradition hearing.
5. Extradition hearing
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According to the UK government website, the judge must be satisfied that the conduct amounts to an extradition offence (dual criminality), none of the bars to extradition apply, where applicable, there is prima facie evidence of guilt (in accusation cases), and whether extradition would breach the person’s human rights.
If the judge is satisfied that all of the procedural requirements are met, and that none of the statutory bars to extradition apply, he or she must send the case to the Secretary of State for a decision to be taken on whether to order extradition.
This process may take months. For example, liquor baron Vijay Mallya was arrested in April 2017 but the order for extradition by the court came in December 2018.
6. Appealing judge’s decision: High Court
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The judge’s decision whether to send a case to the Secretary of State can be appealed. The requested person can ask for permission to appeal the judge’s decision to send the case to the Secretary of State. Any application for permission must be made to the High Court, within 14 days of the date of the judge’s decision. However, the High Court will not hear the appeal unless and until the Secretary of State orders the requested person’s extradition.
7. Secretary of State’s decision
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The Secretary of State must order extradition unless the surrender of a person is prohibited by certain statutory provisions in the 2003 Act. The requested person may make any representations as to why they should not be extradited within 4 weeks of the case being sent to the Secretary of State. The Secretary of State is not required to consider any representations received after the expiry of the 4 week period.
8. Appealing Secretary of State’s decision: High Court
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Appeal is only possible with the leave (permission) of the High Court. Notice of application for leave to appeal must be sought within 14 days of extradition being ordered by the Secretary of State or discharge being ordered by the Secretary of State. Any appeal by the requested person against the decision of the judge to send the case to the Secretary of State will be heard at the same time as the appeal against the Secretary of State’s order, assuming permission is granted.
9. Appealing High Court decisions: Supreme Court
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A requested person, or a requesting State, can apply for leave to appeal to the Supreme Court against the High Court’s decision. Notice of application for leave to appeal must be given within 14 days of the High Court decision. Permission can be granted either by the High Court or by the Supreme Court itself. Appeals to the Supreme Court can only be made if the High Court has certified that the case involves a point of law of general public importance.
10. Extradition
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Unless there is an appeal, a requested person must be extradited within 28 days of the Secretary of State’s decision to order extradition (subject to any appeal).
