UK-US Extradition Treaty

I accept that the prima facie burden was slightly higher than probable cause, but we have wildly over-compensated by removing the prima facie burden altogether. To return to the NatWest three, that case is not the be-all and end-all of this debate. It is the tip of the iceberg, and it has highlighted a wider problem—the Government signed a lopsided treaty that short-changes the interests of British citizens and people under our judicial protection. It may be the case, as the Prime Minister suggested today, that the extradited individuals could have been extradited under the terms of the 1972 treaty. It is perfectly possible that in initiating extradition proceedings against the NatWest three, the US authorities presented sufficient evidence to meet the higher hurdles under the 1972 treaty. The point is that we do not know, because under the new provisions, there is no cross-questioning or examination of the substantive evidence that they present. Much more importantly, they are not required to present the amount of evidence that could have been presented in the case of the NatWest three—a non-requirement that will apply to all future cases.