Note:  Do not rely on this information. It is very old.


Extradition. Where a person who has committed a crime in one country quits that country for another, and is delivered up by the latter to the former for the purpose of trial, this is known as extradition. At Common Law there was no jurisdiction of this kind, and to remedy this state of things several Acts of Parliament have been passed. The duty of a state to make extradition of criminals is by no means generally admitted, and it is considered an exercise of comity only; generally speaking, no state willingly allows an extradition of its own subjects, and no state will decree an extradition of political offenders. The existing procedure of England in regard to the extradition of criminals is regulated by the "Extradition Acts, 1870 and 1873." which provide that when an arrangement for that purpose has been made with any foreign state, Her Majesty may, by Order in Council, direct that the Act shall apply in the case of such foreign state, subject to such conditions as may be expressed in the order. But the former Act (1870) makes an express exception of political offences, the Secretary of State having it in his discretion to decide whether the offence is or is not of a political nature. The Act of 1873 extends provisions of the principal Act to the case of accessories punishable as principals.