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Extradition

The Attorney General is the Central Authority for Jersey in extradition matters. Requests for Extradition should be issued to the Attorney General by an appropriate authority in your jurisdiction.

Requesting Authorities from European Union Member States should note that Jersey does not recognise the EU Arrest Warrant or Trade and Cooperation Agreement warrants (TaCA warrants). Requests for Extradition should be made in accordance with the Council of Europe Convention on Extradition 1956.

Relevant Legislation

Requests for Extradition are dealt with under the Extradition (Jersey) Law 2004.

Due to Jersey’s constitutional relationship with the United Kingdom, requests to arrest and return persons to England, Wales, Scotland and Northern Ireland are dealt with under different legislation.  Please see the section on Requests from the United Kingdom 

Where to address your Letter of Request

Requests should be addressed to:


HM Attorney General
Law Officers’ Department
Morier House
Halkett Place
St Helier
Jersey
JE1 1DD

Form of the Request

We are happy to receive Requests in electronic form only. Please send the Request to mla@lawofficers.je.

We welcome requests in draft form for review and/or discussions in advance of formal submission. Any enquiries can also be sent to mla@lawofficers.je.

Letters of Request must be submitted in English or be accompanied by an English translation. The Letter must be sent from the Central Authority of your jurisdiction or certify that the sender of the Letter is the appropriate body to make such requests.

Extradition offences

Jersey can only extradite a person for an ‘extradition offence.’  An offence is an extradition offence if:

  1. it is an offence which can be prosecuted in your jurisdiction (whether or not the offence was committed within your territory); and

  2. the same conduct, if committed in Jersey, would also be an offence under Jersey law or, if committed outside Jersey, could be prosecuted in Jersey; and

  3. the offence is punishable in your jurisdiction with a prison sentence of at least twelve months and would be punishable under Jersey law with a prison sentence of at least twelve months; or

  4. the person whose extradition you seek has already been convicted of such an offence by a court in your jurisdiction and has been sentenced to a prison sentence of not less than four months but has absconded and is unlawfully at large.

Requirements for the Letter of Request

Requests must include the following:

  1. the name, date of birth, and address of the subject of the request;

  2. photographic identification of the subject (for example a copy of a passport or driving license);

  3. details of the offence which the person is accused of or has been convicted of, and information to satisfy that this is an ‘extradition offence’, including extracts of the relevant law;

  4. background information as to the circumstances of the offence;

  5. a copy of the arrest warrant; 

  6. in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate of the conviction, and of the sentence (if the person has been sentenced); and

  7. if the person concerned was convicted in their absence, you will need to include details of the procedural history and any notification or attempted notification given to the person.

Evidential requirements

The Request must provide sufficient information to show that there are reasonable grounds for believing that the person to be extradited has committed an extradition offence.

With respect to the material presented in support of the Request, its requisite form is determined by the designation of your jurisdiction in Schedule 1 of the Extradition (Jersey) Law 2004:

  1. Should your jurisdiction be listed as a ‘Designated Territory of the First Category’, it will be sufficient for the material to be presented as ‘information’ originating from a person ‘properly qualified and authorised’ to provide accurate information about the case. Such a person may be, for example, an investigating officer, ‘Examining Magistrate’ or ‘Juge d’Instruction’.

  2. Should your jurisdiction be listed as a ‘Designated Territory of the Second Category’, or should your jurisdiction not appear in either list, all material must take ‘evidential’ form, namely, be presented as sworn affidavits or witness statements, accompanied by copies of any documentary exhibits.

Requests from the United Kingdom

Due to Jersey’s constitutional relationship with the United Kingdom, requests for extradition from England, Wales, Scotland and Northern Ireland are not ‘Extraditions’, and do not, therefore, fall under the Extradition (Jersey) Law 2004.

The arrest of persons in Jersey on warrant and transferring them to England and Wales is governed by Section 13 of the Indictable Offences Act 1848, and by the Indictable Offences Amendment Act 1868 in respect of Scotland and Northern Ireland.

Should you require the arrest of a person in Jersey, the following requirements must first be satisfied:

  1. the arrest must relate to an indictable offence under the Law of England and Wales, Scotland or Northern Ireland (as appropriate);

  2. there must be reasonable grounds to arrest the person;

  3. an arrest warrant must have been issued by a competent court in England and Wales, Scotland or Northern Ireland (as appropriate);

  4. a law enforcement officer with powers of arrest in your jurisdiction must be able to travel to Jersey (see below).

Contact should then be made with the States of Jersey Police and/or the Attorney General in order that arrangements may be made. If the matter is urgent, assistance can usually be provided on an expedited basis.

On arrival in Jersey, your officer will be met by a Jersey police officer and taken to attend on the Bailiff (or  Deputy Bailiff), who is the Chief Justice for Jersey. Your officer will be required to provide:

  1. the original arrest warrant;

  2. any affidavit or other documentation which was presented to the Court by which the warrant was issued;

  3. confirmation that the warrant is a true warrant, and that the writing on it is authentic. This requirement will be met, for example, if the warrant carries a court stamp and the signature of the judge / magistrate granting it, and if your officer can confirm to the Bailiff that they obtained the warrant, in person, from the judge / magistrate.

If the Bailiff is satisfied that the warrant is genuine and properly issued they will back the warrant with an endorsement authorising its execution in the Island. The person can then be arrested by a Jersey officer and returned to the UK.

Any questions?

For further information please contact the Mutual Legal Assistance team at: mla@lawofficers.je.