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Extradition

The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.

The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.

In Fong Yue, the United States Supreme Court defined the term as follows:

"Extradition is the surrender to another country of one accused of an offence against its laws, there to be tried, and, if found guilty, punished."

In R v Bow Street, Justice Browne-Wilkinson wrote:

"In general, a state only exercises criminal jurisdiction over offences which occur within its geographical boundaries. If a person who is alleged to have committed a crime in Spain is found in the United Kingdom, Spain can apply to the United Kingdom to extradite him to Spain."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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