The Mudcat Café TM
Thread #113134 Message #2817132
Posted By: Uncle_DaveO
20-Jan-10 - 06:55 PM
Thread Name: BS: Hacker to be extradited to the US
Subject: RE: BS: Hacker to be extradited to the US
In what I'll call "intra" extraditions (intraditions?) from one State to another in the U.S. the "holding state" (where the defendant was picked up, ordinarily, or at least is being held) has jurisdiction of him. (S)he can and many times does contest extradition to the requesting/charging State. On the other hand, the accused may "waive extradition", thus consenting to be transferred to the charging jurisdiction without in-court formalities.
If the courts in the holding state (here, the UK) are not satisfied that there are appropriate legal grounds, they will not order that the prisoner be extradited to the charging State (here, the U.S.). If they are so convinced, they will order extradition.
Therefore, Joe, it is the actual rendition or hand-off of the defendant to the charging jurisdiction that constitutes "extradition".