To ask the Scottish Executive what evidence Scottish law officers must present to US authorities before a warrant for extradition to Scotland from the United States of America can be requested or issued.
Extradition from the United States of America is governed by an Extradition Treaty between the United Kingdom and the United States of America. It provides that requests for extradition require to be supported by:
an accurate description of the person sought;
a statement of the facts of the offence;
the relevant law applicable to the offence, and
the relevant law relating to punishment for the offence.
If the extradition is requested for someone who is sought for prosecution then additionally, the following requires to be provided:
a copy of the warrant;
a copy of the Indictment, and
information which provides the basis to believe that the person sought committed the offence.
If the extradition relates to someone who has already been convicted of the offence then:
information that the person sought is the person to whom the conviction applies;
a copy of the conviction;
a copy of the sentence imposed (and if the person has been sentenced, the extent to which the sentence has been carried out), and
in the case of a person convicted in absentia, information regarding the circumstances under which the person was absent from the proceedings should also be provided.