The extradition case of Nicholas Rossi to the US to face charges of rape in Utah from 2008, has caused quite a stir as the man accused says he’s a victim of mistaken identity – and he claims that he is an Irish-born former tutor named Arthur Knight.
Mr Rossi has been accused of using up to 16 different aliases over the years to attempt to hide from his alleged crimes, with the fugitive accused of attacking women in Ohio, Massachusetts and Rhode Island as well.
The case has made many question what sort of extradition powers the UK and Scottish courts have, and below we’ve outlined some of the main elements to various extradition deals that exist with foreign nations.
Read more: Fugitive US sex offender published identity of alleged sex abuse victim on sick website
Which countries have extradition deals with Scotland?
The UK has extradition deals with more than 100 countries worldwide, although people may still be extradited to countries where there is currently no deal in place. Although the United Kingdom has left the European Union, and is therefore no longer under the jurisdiction of European Arrest Warrants, a streamlined process remains in place between these countries and the UK.
These are referred to as category 1 territories, and include:
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Gibraltar
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
The process of extraditing someone from one of these countries goes as follows: a warrant is issued by a requesting state (usually through Interpol), a certificate is issued by the relevant UK authority (after a proportionality test is applied), potential arrest followed by an initial hearing and then an extradition hearing.
Category 2 territories as defined by the 2003 Extradition Act, can be separated into two different categories. Type A countries are not required to provide prima facie evidence in support of their extradition requests, while Type B countries are still required to do so.
Unlike category 1 territories, the secretary of state in the UK considers the request made by the country before deciding whether to send it to the relevant court. If the courts decide to proceed with the extradition and an arrest is made, the secretary of state holds final say whether the extradition of the person is carried out.
The list of category 2 territories is extensive but all Type 1 and 2 countries can be found here .
