Question to the Home Office:

To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other persons were extradited from the UK under a European Arrest Warrant for conduct that took place in whole or part within the UK but was not a crime under the law of the relevant part of the UK in each of the last five years; and under which provisions of sections 64 or 65 of the Extradition Act 2003 prior to its amendment by the Anti-Social Behaviour, Crime and Policing Act 2014 such extraditions took place.

This information cannot be obtained from National Crime Agency (NCA) records and there is no known example of any person being extradited from the UK under an Arrest Warrant for conduct that took place in whole or part within the UK but which was not a crime under the law of the relevant part of the UK.

The amendments to sections 64 and 65 of the Extradition Act 2003 clarified that in all cases where all or part of the conduct for which surrender is sought took place in the UK, that conduct must be criminalised in the UK for surrender to be permissible. Where that is not the case the individuals will not be surrendered. Since the reforms came into force, and up to 31 October, the NCA has refused to certify 38 Arrest Warrants on the basis that they would obviously have to be refused by a court for a failure to meet the requirement of dual criminality.