Prime Minister's question asked in the House of Commons, by Lord Campbell of Pittenweem (Liberal Democrat). It was answered on Wednesday, 12 July 2006 on behalf of the Prime Minister.

Engagements

Question: May I associate my right hon. and hon. Friends with the expressions of sympathy and condolence from the Prime Minister and the Leader of the Opposition? Last week, the Prime Minister told me that it was not true that the United States had to meet a different standard of evidence from the United Kingdom in extradition cases. On 16 December 2003, Baroness Scotland told the House of Lords that the United Kingdom had to reach a higher threshold than the United States. Which is true—no difference or a higher threshold?

Answer: The evidence I have from the Attorney-General’s consultations with the senior Treasury counsel is twofold. It may help the House if I set it out. First, in the Attorney-General’s view, the test that the United States applies—probable cause—is roughly analogous to the test that we apply in this country. [Interruption.] But secondly—if the House will listen—and perhaps more important, according to the senior Treasury counsel, even under the old test of having to provide prima facie evidence, those people would still be extradited. Indeed, the case for extradition was originally mounted under the old law, not the new one. However, I totally understand the concerns of the particular individuals and their families. The Attorney-General has spoken to the US Department of Justice and has been informed that the American prosecutors will not oppose bail as long as the appropriate conditions are put in place by the court or agreed by the defendants. It would not be right if we ended up applying a higher standard and burden of proof to America than to many other countries, including European countries, Australia, New Zealand, South Africa and even countries such as Azerbaijan and Albania.

Secondary information

Type: Oral question
Reference: 448 c1385-6
Session: 2005-06
Oral question type: Supplementary
Chamber / Committee: House of Commons chamber
Subjects: Admissibility of evidence Bail Evidence Extradition Treaties USA NatWest Three
Link: View this Prime Minister's question on www.publications.parliament.uk