Extradition from the United Kingdom to the United States—Neil Entwistle

Now that Neil Entwistle has been formally charged and arrested for allegedly killing his wife and baby daughter, the extradition process in the United Kingdom will begin.^[1] Mr. Entwistle was arrested on a provisional extradition warrant issued last night, and the British Home Office “said he would be brought before a judge,”^[2] tomorrow for the beginning of extradition hearings.^[3]

The Massachusetts charges include two counts of murder and two weapons-related charges.^[4] Massachusetts still has a death penalty statute, but it was ruled unconstitutional in 1984 in the case Commonwealth v. Colon-Cruz.^[5] Extradition would not be possible if the death penalty was still used. Under section 91 of the Extradition Act of 2003, the British Secretary of State cannot order a person’s extradition to a category 2 country (which includes the United States) if he could be, will be, or has been sentenced to death for the offence. However, if the Secretary “receives a written assurance which he considers adequate that a sentence of death” will not be imposed or carried out, or if the person consents to his extradition, that bar to extradition does not apply.^[6] That consent must be irrevocable and in writing. A guarantee that the death penalty will not be sought would still be a desirable thing to secure.

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[1] Briton Arrested in Deaths of Wife, Child, MSNBC.com, Feb. 9, 2006.
[2] Id.
[3] Joe Dwinell et al., Entwistle Arrested on Two Counts of Murder, Boston Herald, Feb. 9, 2006.
[4] Neil Entwistle Arrested in Wife’s, Daughter’s Deaths, Associated Press (via FoxNews.com), Feb. 9, 2006.
[5] 470 N.E.2d 116 (1984).
[6] Note that under section 78, the judge deciding on extradition to category 2 countries cannot bar extradition based on the death penalty.