Is the US judicial system becoming an increasingly British issue?

The last decade has seen the US seek the extradition of British citizens on quite a few occasions.  Some of the high profile extradition cases which have hit the headlines in the UK have been for alleged white-collar crime.

The cases of both the Nat West Three Bankers (who were extradited to the US in 2006) and of the retired businessman Christopher Tappin (who was extradited in 2012) not only highlighted imbalances in UK-US extradition arrangements, they also illustrated how even fairly wealthy British citizens can be disadvantaged in fighting criminal cases thousands of miles away from their homes and families.

In respect to both of these cases I mention, there was a suggestion that each case could have been tried in a British Court.  However the choice of the British authorities not to prosecute, enabled the US authorities to launch extradition proceedings, which were ultimately successful.

Following extradition to the States, both the Nat West Three and Mr Tappin agreed to plea bargains with US prosecutors, which saw the defendants accept guilty pleas in return for light prison terms.  The main conclusion I came to from following developments in both of the cases was that I could not be sure either way on the defendants' guilt or otherwise.

This week a Northampton couple, Paul and Sandra Dunham, had been due to surrender to a London Police Station, ahead of being flown out to America.  Mr and Mrs Dunham had been indicted on fraud and money laundering charges.  The alleged offences took place between 1999 and 2009, when Mr Dunham had been Chief Executive of an American company.

Whilst it is true that there is no ambiguity that the alleged crimes have taken place on American soil in this instance, the US Justice System doesn't do itself any favours.  Mr and Mrs Dunham are not in a position whereby they are likely to secure bail, in part due to the costs of supporting their living costs pre-trial, not to mention legal costs.  This would leave them both facing months in separate harsh prisons, WHICH IS SO UNFAIR!

I don't deny that the British-US relationship is very important.  There will probably always be more common ground between us, than what will divide us.  But let's remember it is not the UK's most important external relationship; the UK's most important relationship is with Europe.  The debate over whether Britain leaves the European Union will not change this.

When it comes to addressing extradition arrangements concerning alleged cases of white-collar crime, it is in both parties' interests to find a solution to protect the rights of people who are innocent until proven guilty.  Why not allow British defendants to remain in the UK on electronic tag during pre-trial proceedures, until the case is ready for trial?

I know some people reading this will respond by making noises along the lines that nothing will change, and that the UK-US relationship is hardly one of equals.  The point is though that everytime a British citizen is put on a plane to the US to face proceedings for white-collar crime, many observers expect the defendant to ultimately accept some kind of plea bargain to get out of the system sooner rather than later!

If the US really does wish to present their nation as one that upholds values of freedom and fairness, there will need to come a time when their politicians engage with British politicians on amending some extradition proceedures.  Now that Paul and Sandra Dunham have attempted to take their own lives, it does show that this issue is not just some little niggle.

As for the British political establishment, this matter does now need to be a much more presssing matter for Prime Ministers of different colours in future dealings with US Presidents!