The law

How extradition works

Extradition is the formal surrender of a person by one state to another for prosecution or to serve a sentence. It normally rests on a treaty and passes through both courts and the executive of the requested state.

• The US Justice Department says extradition may generally be granted only under a treaty, although some countries extradite without one, usually on the basis of reciprocity.¹
• A US request is made by diplomatic note prepared by the State Department and presented by the US embassy. A court in the requested country then decides whether the treaty and domestic requirements are met.¹
• Most treaties allow provisional arrest in urgent cases, followed by a full request within a fixed period. Under the European Convention on Extradition, provisional arrest may end if the request is not received within 18 days and may not exceed 40 days.^1,2
• Under the rule of specialty, an extradited person may generally be prosecuted only for the offences for which extradition was granted, unless the surrendering state consents or another exception applies.^1,2
• In the United Kingdom, extradition to category 2 territories such as the United States involves a judge applying statutory bars, followed by a decision of the Secretary of State under section 93 of the Extradition Act 2003.³

Sources

1. US Department of Justice, Justice Manual 9-15.000, International Extradition and Related Matters (27 October 2026)
2. Council of Europe, European Convention on Extradition (ETS No. 24), Paris, 13 December 1957 (13 December 1957)
3. legislation.gov.uk (The National Archives), Extradition Act 2003, contents (27 October 2026)