Oral question asked in the House of Commons, by Lord Campbell of Pittenweem (Liberal Democrat). It was answered on Tuesday, 20 March 2012 on behalf of the Attorney General.

Extradition

Question: But is it not important to recognise why there are serious anxieties among the public about the nature of the system for extradition, and does not the question of the different standard of proof on each side of the Atlantic lie right at the very heart of that anxiety? The Attorney-General will be obliged to give legal advice to the Home Secretary. Will he give her advice that points to the fact that the two standards are different, and therefore that the political conclusion that the system is failing is a legitimate one?

Answer: I have to say to the right hon. and learned Gentleman that I do not think that, in practice, the difference between a test of ““probable cause””, which we have to show in the United States, and a test of ““reasonable suspicion””, which the United States has to show here, amounts to a very significant difference at all. As I mentioned to the Home Affairs Committee, in any event, the United States usually provides material to its own ““probable cause”” standard, so I have to say that I may disagree with him on this. Although I accept that there is an argument that this country could seek to move to a ““probable cause”” basis, to mirror that of the United States, in practice I do not think that that would make a very substantial difference to the way in which the extradition agreement with the US worked.

Secondary information