BSQ briefing: Pakistan UK Extradition - Man Sought for Murder of a Police Officer Returned to UK

In a rare example of a diplomatic request resulting in the extradition of a person sought for prosecution from Pakistan to the UK, criminal proceedings have commenced against a man sought for the murder of PC Sharon Beshenivsky in 2005. 

Prem Ditta Khan is accused of gunning down PC Beshenivsky as she responded with her colleague PC Theresa Milburn to a robbery in Bradford on November 18 2005.

Further to a diplomatic request from the UK, Khan was arrested in Pakistan in January 2020. It has taken over three years for his extradition to the UK. On the 13th of April 2023 Khan made his first appearance at Westminster Magistrates Court.

Joanne Jakymec, Chief Crown Prosecutor for the CPS, noted that Khan’s extradition was due to the "continued hard work of prosecutors in the CPS’s Extradition and International Units” and that since 2020 CPS “prosecutors have been working closely with our Pakistani partners to complete the legal process in the country so that he could be extradited back to England to face the allegations from almost 20 years ago.”

UK - Pakistan Extradition Arrangements

The UK and Pakistan do not have an extradition treaty. Khan’s return was the result of a long and drawn-out process following a diplomatic request by the UK for his removal as Prosecutor Jakymec’s remarks indicate. Even where two countries do not have an extradition treaty, it is possible for a diplomatic request to be made to the UK Central Authority which is based at the Home Office and for a special “memorandum of understanding” to be agreed for any specific request. Special extradition arrangements can then be made for a person’s return. This procedure applies for countries like Pakistan where no treaty is in place with the UK and the provisions of part 1 and 2 of the Extradition Act 2003 do not apply. 

In recent years there have been increased efforts to formalise extradition agreements between the two countries - in 2019 for example, then Home Secretary Sajid Javid held a two day conference on extradition and mutual legal assistance issues with representatives from Pakistan’s law enforcement and prosecutorial authorities.

Pakistan to UK Returns

There have been a number of extradition removals between the two countries (including Mr Khan’s case) in the past few years. The last reported similar extradition from Pakistan BSQ is aware of was that case of Zafer Iqbal, who in 2021 was extradited from Pakistan to the UK to stand trial on charges of murdering his wife.

It bears highlighting that in both reported cases noted here, considerable political pressure appears to have been placed on the Pakistani Government to secure the return of the two accused. 

UK to Pakistan Returns

In 2019 the two countries signed a memorandum of understanding to facilitate the extradition of former Finance Minister Ishaq Dar from the UK to Pakistan. Dar was wanted for prosecution in Pakistan for allegations of corruption and was reportedly named in the Panama papers scandal. There have also been media reports that in 2020 the Pakistani Government had raised with the Home Office concerns about the presence of former Prime Minister Nawaz Sharif, who is also accused of corruption but had not filed a formal extradition request for his return. 

Last year, in August 2022, then Home Secretary, Priti Patel entered into an agreement to remove Pakistani nationals (including convicted criminals) with no legal right to remain in the UK and to return them to Pakistan in August 2022.

The 2022 agreement did not provide for the extradition of between the UK and Pakistan.

BSQ have advised a number of individuals who have sought advice on the prospect of extradition from or to Pakistan. BSQ extradition partner Roger Sahota has successfully represented individuals in a number of Part 2 cases including successfully resisting two extradition requests from the Government of India.

If you require advice and assistance in relation to an extradition case please contact our International law department on 0203 858 0851.