Extradition

Extradition Act 2003 (Overseas Territories) Order 2016

The Extradition Act 2003 (Overseas Territories) Order 2016 extends the Extradition Act 2003 (with modifications) to the Cayman Islands. All territories that are specified as category 1 territories and category 2 territories under the 2003 Act are designated as “extradition territories”, together with the United Kingdom, the Channel Islands and the Isle of Man, and all British Overseas Territories.

Making a Request

A request for the extradition of an individual must be sent to the Governor of the Cayman Islands. If the request is being made by a British Overseas Territory, it must be made by or on behalf of the Governor of that territory.

If the request is being made by the United Kingdom, it must be made by or on behalf of the government of that territory..

If the request is being made by any other extradition territory, it must be made by –

  • An authority of the territory which the Governor of the Cayman Islands believes has the function of making requests for extradition in that territory, or 
  • By a person recognised by the Governor as a diplomatic or consular representative of the territory.

The Governor must issue a certificate if he or she is in receipt of a valid extradition request to certify that the request is made in the manner approved under the law and will be submitted by the Governor to an appropriate judge together with the request for extradition.

To make a request by email, contact: DPPInternationalRequests@gov.ky

Contents of the request

The request for extradition must contain either the statement that –

  • The person is accused in the extradition territory of the commission of an offence specified in the request, and
  • The request is made with a view to his or her arrest and extradition to the extradition territory for the purpose of being prosecuted for the offence.

    OR
  • The person has been convicted of an offence specified in the request by a court in the extradition territory, and
  • The request is made with a view to his or her arrest and extradition to the extradition territory for the purpose of being sentenced for the offence, or for serving a sentence of imprisonment, or another form of detention imposed in respect of the offence.

The request must also contain the following information:

  • Particulars of the person whose extradition is requested;
  • Particulars of the offence specified in the request;
  • In the case of a person accused of an offence, a warrant for his arrest issued in the extradition territory;
  • In the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the extradition territory of the conviction and (if he has been sentenced) of the sentence.

Bars to Extradition

The Governor may refuse to issue a certificate to an appropriate judge if:

  • The person whose extradition is requested is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence is unable, or, owing to such fear, unwilling to return to it, or
  • The person whose extradition is requested has been granted leave to enter or remain in the Cayman Islands on the ground that to remove him to the territory to which extradition is requested would be in breach of his right to life or his right not to be subjected to torture or to inhuman or degrading treatment or punishment.

Additionally, the judge who presides over the extradition hearing must decide whether there is any statutory bar to the extradition which includes:

  • The rule against double jeopardy;
  • Extraneous considerations i.e. it appears that the request is in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality, gender, sexual orientation or political opinions or that if he is extradited he might be prejudiced at his trial by reason of any of those grounds;
  • It appears that it would be oppressive or unjust to extradite the person by reason of the passage of time;
  • Hostage-taking considerations if the territory is one that is party to the Hostage-taking Convention;
  • Forum i.e. if the judge hearing the extradition decides that a substantial measure of the person’s activity was performed in the Cayman Islands and that having regard to matters relating to the interests of justice the extradition should not take place. Such matters include the interests of victims of the person’s offence and the place where the most harm or loss resulting from the offence occurred.