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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If an individual lives in the uk and breaks the law by making

Customer Question

If an individual lives in the uk and breaks the law by making a comment on social media to someone in usa could they be extradited to face charges in the usa or another country?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you
Alex Watts : What was the post please?
JACUSTOMER-3zm57dcn- : It's more of a general question?
JACUSTOMER-3zm57dcn- :

hello?

JACUSTOMER-3zm57dcn- :

hi alex

Alex Watts : Ok, unless its a terrorist threat etc then no
JACUSTOMER-3zm57dcn- :

can you provide an example

Alex Watts : I will bomb the White house
JACUSTOMER-3zm57dcn- :

right ok...

Alex Watts : Defamation is not criminal but civil so you can't be extradited
Alex Watts : Can I clarify anything for you ?
JACUSTOMER-3zm57dcn- :

would that include abusive language, racism, personal threats etc

Alex Watts : yes
Alex Watts : wont get extradited unless you threaten to bmob something
JACUSTOMER-3zm57dcn- :

right... i though abusive comments were illegal ?

Alex Watts : yes but you won't get extradited for that
JACUSTOMER-3zm57dcn- :

why is that ?

Alex Watts : cost for something very minor
JACUSTOMER-3zm57dcn- :

i don't quite understand.. is that 100% or unlikely.

Alex Watts : even for a bomb threat you would probably be prosecuted here anyway
Alex Watts : unlikely
Alex Watts : you would be prosecuted here
Alex Watts : this is where the offence took place
JACUSTOMER-3zm57dcn- :

so its not 100%

Alex Watts : the offence took place here, so prosecuted here
JACUSTOMER-3zm57dcn- :

Regardless whether it was aimed at someone in the usa

Alex Watts : no matter
Alex Watts : offence took place here
JACUSTOMER-3zm57dcn- :

so to clarify i would not be extradited for making comment on social media as the offence took place in the uk regardless of who it was aimed at? this is 100%

JACUSTOMER-3zm57dcn- :

the only reason why an individual would be taken is if they made a terroist threat

Alex Watts : correct
Alex Watts : can I clarify anything for youa.
Alex Watts : you?
JACUSTOMER-3zm57dcn- :

is this 100% as previously you said unlikely?

Alex Watts : Yes.
Alex Watts : Does that h
Alex Watts : Does that clarify?
JACUSTOMER-3zm57dcn- :

yes bit confused as previously u said unlikely

Alex Watts : You won't get extradited as the offence happened in the UK. That is the key,
Alex Watts : posting hsppened here.
Alex Watts : You won't be extradited
Alex Watts : Does that clarify?
JACUSTOMER-3zm57dcn- :

yes why did you say unlikely ?

Alex Watts : Because it's only likely if the offence happened there
Alex Watts : such as computer hacking
JACUSTOMER-3zm57dcn- :

right so we are 100%

Alex Watts : Yes.
JACUSTOMER-3zm57dcn- :

thanks all good

Alex Watts : Can I clarify anything else?
JACUSTOMER-3zm57dcn- :

no that all ok

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi can you help
Customer: replied 2 years ago.
please can I have a second look at the above question ?
Customer: replied 2 years ago.
I have reviewed cases such as the Richard O'Dywer and Christopher Tappin ?
Customer: replied 2 years ago.
Relist: Other.
Second look
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In the UK you cannot be extradited for questioning only. You can be returned if you flee the jurisdiction following a charge but that isn't what happened here.
However, the problem with social media is that they are cross jurisdiction. Just because a person is in the UK when they post doesn't get around the fact that it is visible in the USA so at least part of the offence was committed there. Social media and offences thereupon are not outside the jurisdiction just because the poster is abroad.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So would it be possible to be extradited for abusive comments ?
Expert:  Jo C. replied 2 years ago.
Not for questioning only.
Customer: replied 2 years ago.
So If a comment was posted on social media like an argument beetween two people. What would likelihood be that extradition would happen. What instance would this happen?
Customer: replied 2 years ago.
I am now confused
Customer: replied 2 years ago.
Can you provide some clarity about negative comments made on Facebook including racism ? And whether this would be an issue for extradition ?
Customer: replied 2 years ago.
So where would abusive comments be charged ?
Expert:  Jo C. replied 2 years ago.
It is as I have said really. Not for questioning only.
Customer: replied 2 years ago.
So if a comment was there In black
And white on the screen ?
Would you be charged in USA or UK?
Customer: replied 2 years ago.
?
Expert:  Jo C. replied 2 years ago.
As I have said really, it is a cross jurisdictional issue so you could be charged in either country but that won't happen.
Customer: replied 2 years ago.
What do you mean won't happen ? Is it likely I would be charged in U.K. ?
Expert:  Jo C. replied 2 years ago.
Not unless the witnesses are going to fly to the UK to make a report and stay here while the case is being dealt with.
Customer: replied 2 years ago.
But would the uk not argue for the charge to be upheld here ?
In summary what is the likelihood I would be extradited ?
Expert:  Jo C. replied 2 years ago.
1 No.
2 It is as I have said above. Not for questioning only.
Customer: replied 2 years ago.
I am struggling to understand this !
If comments were there in black
And White why would they need questioning. Surely it would be a simple charge. Therefore would they be extradited.
If this did happen would the uk not agrgue for the person to be charged in the uk.
What is the likelihood of questioning was not required?
I want to close this out ?
Expert:  Jo C. replied 2 years ago.
Because everybody always is questioned. People could say anything. Maybe somebody was on their account and made these comments under that disguise. Maybe there was reasonable excuse.
Customer: replied 2 years ago.
So in summary the chances of being extradited to face a prison sentence in usa
Expert:  Jo C. replied 2 years ago.
Not for questioning only.
Customer: replied 2 years ago.
So there would be no way of being charged ?
Customer: replied 2 years ago.
Sorry for the confusion just trying to understand?
Expert:  Jo C. replied 2 years ago.
Not unless the witnesses are going to fly to the UK to make a report and stay here while the case is being dealt with.
You cannot be extradited to the States for questioning only and they cannot charge you without questioning and even if they could you are not there to be charged.
Customer: replied 2 years ago.
If they were to fly to uk I would be charged in the uk ?
Expert:  Jo C. replied 2 years ago.
Yes, you could be but that is quite unlikely.
Customer: replied 2 years ago.
What being charged in the UK. The person was in the UK and made comments in the UK. Pleas can
You clarify the chances of being extradited ?
Customer: replied 2 years ago.
What is the likelyhood that the usa would extradite for a minor crime ?
Expert:  Jo C. replied 2 years ago.
Yes, they could be charged in the UK if the witnesses are prepared to fly here.
I am not sure I can add much on the point of extradition.
Customer: replied 2 years ago.
Ok final point then. What about if the
Crime was reports in the usa can you confirm the following :-
They would have to be questioned to be charged - ?
The usa would have to fly to UK to question the individual if to be charged in usa - ?
The general chances of the above happening is very slim - ?
Surely for a small crime this would not be worth while - ?
In your view what are the chances of the above happening - ?
Last questions !
Expert:  Jo C. replied 2 years ago.
I don't practice in USA. You would probably need to ask another question in our USA section.
1 However, the practice across the adversarial jurisdictions is that you cannot be charged without being arrested.
2 No. If it were reported in the UK then it could be charged in the UK.
3 No.
4 Not necessarily.
5 I'm not sure I can add much really. They are not going to fly to the UK to make a report and the police cannot extradite you for the reasons above.
Customer: replied 2 years ago.
Relist: Answer quality.
Customer: replied 2 years ago.
Hi Jo,
You say in the above post the following :-
The chances of the above happening are slim - you replied "no" can you confirm reasons ?
Expert:  Jo C. replied 2 years ago.

I am not sure what I can add really. The chances are not necessarily slim.

Customer: replied 2 years ago.
What does .... Mean?
Expert:  Jo C. replied 2 years ago.
Sorry?
Customer: replied 2 years ago.
I am struggling to understand. I have read through the above and there are a number of contradictions in your answer. It's is a fairly straight forward question ?
1 - You have said that the person cannot be extradited for questioning only. A person cannot be charged without being questioned. You however say that the chance are NOT slim and this is a possibility - I don't understand.
2 - I then asked that if someone came to the UK (you replied unlikely to happen) however you then replied in a later post not necessarily.
I know my spelling and grammar isn't great but I have written over 11 replies and still don't have an answer. I know you are trying to help but I would just like a simple answer??
I have been given one answer by another expert which contradicts your answer.
I do appreciated your help but again and struggling to understand.
Customer: replied 2 years ago.
Can you please provide a Responce ?
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Please cancel the question and provide refund

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