Extradition Process for American Criminals in Britain

The question of whether an American who commits a crime while visiting Britain will be extradited back to America or tried in a British court is a matter of complex legal procedures. Generally, a person will be tried in Britain and serve their sentence there. However, in certain circumstances, extradition can also occur, particularly if the crime was committed in the United States and the person then fled to Britain.

Standard Legal Procedure: Trial in Britain

When an American commits a crime in Britain, the primary process is to try the individual in a British court. This holds true even if the offense committed is under US jurisdiction. The British legal system takes precedence in such cases, ensuring the individual is tried according to British law. Once convicted, the individual will serve their sentence in British prisons.

Extradition Conditions and Criteria

However, if the crime was initially committed in the United States and the perpetrator then flees to Britain, British authorities can arrest them and initiate the extradition process. This process involves several steps and is subject to specific conditions and criteria set by both the sending and receiving states. Typically, the requesting state (the United States in this case) must demonstrate that the crime committed in Britain aligns with the US legal framework and meets the requirements for extradition.

Cost Implications and Alternatives

There would be a hope that the criminal would be tried in Britain initially, with the British authorities then detailing the cost to the sentencing authorities in the United States. This would include the cost of trial, legal representation, and any other associated expenses. The convicted individual’s sentence in Britain could theoretically be funded by the US, although this seldom happens in practice. According to current practices, the costs are not shared between the countries involved.

Sepulchers and Criminal Diplomats

It's worth noting that there are exceptions to this general rule, especially when dealing with American diplomats and their families. For example, a criminal wife of an American diplomat was not prosecuted for driving on the wrong side of the road and killing a young British biker. This incident serves as a stark reminder of the limitations and inconsistencies in the system. Such cases highlight the need for a more equitable and consistent approach to such matters.

Conclusion

In summary, while the general rule is that an American who commits a crime in Britain will be tried in Britain and serve their sentence there, there are exceptions and special cases that can influence the outcome. Extradition may occur if the crime was initially committed in the US and the individual fled to Britain. However, the complexities and exceptions, such as the treatment of American diplomats and their families, highlight the need for a fairer and more transparent legal framework.