US criminal proceedings are often said to cause greater hardship to the defendant, a possible greater risk of unfairness and, if convicted, the likelihood of a harsher sentence than prosecution in the UK. This is not an issue that has figured high on the radar screens of UK business leaders – until now. Two factors have changed that.
Firstly, orders made by the Secretary of State under the UK Extradition Act 2003 mean it is now significantly easier for the US authorities to obtain extradition of individuals of any nationality located in the UK to face criminal prosecution. In particular, a request by the US to the UK authorities need no longer be supported by evidence to show a prima facie case.
