by Kevon Browne
St. Kitts and Nevis (WINN) – On Thursday, May 22, the National Assembly of St. Kitts and Nevis marked a historic moment in the Federation’s justice system with the successful passage of the Extradition Bill, 2025.
The bill, spearheaded by Attorney General and Minister of Justice and Legal Affairs, Hon. Garth Wilkin, represents a significant modernisation of the country’s extradition laws, replacing the antiquated framework dating back to 1946.
Hon. Wilkin opened the debate, emphasising the critical need for reform.
“This bill… is a major step forward in modernising our justice system and protecting the good name of St. Kitts and Nevis. I want to repeat that. It is a major step forward in modernising our justice system and protecting the good name of St. Kitts and Nevis.”
Explaining the relevance of the bill, Wilkin underscored the outdated nature of the old legislation.
“Our current extradition law is outdated. It was written in 1946, when we were still under colonial rule. It is only two sections long, and it leans heavily on laws from the United Kingdom, specifically referencing two such laws, which are over 150 years old. It offers no proper guidance to our police, our courts, or even our government. It does not reflect the world we live in today, in 2025. A world where crime often crosses borders and where cooperation with other countries is essential.”
Of particular concern was the continued subjection to UK laws under the old framework, which the Attorney General deemed unacceptable for a sovereign nation.
“And most importantly, the original Extradition Act subjected us to laws passed in the UK Parliament, not ours. In other words, if the UK Parliament debated a change to the extradition laws on April 12, 2025, those changes would apply in independent St. Kitts and Nevis. We can’t have that. We cannot be subjected to UK laws at this day and age, in our 42 years into independence. It is an opportunity for us to fix that colonial incomprehension.”
Wilkin outlined the fundamental purpose of extradition, making clear its role in maintaining justice and public safety across borders.
“It is the legal process through which one country formally requests the return of a person who is either accused of committing a serious crime or has already been convicted of a crime in that country and who is now present in another country. It is a critical tool for ensuring that individuals cannot evade justice simply by crossing a border. Extradition protects public safety by making sure that serious offenders such as murderers, traffickers, fraudsters, and terrorists are held accountable wherever they may try to hide.”
He provided a practical example to highlight the process.
“Imagine someone commits a serious offence in country A and escapes to country B. Country A can then formally ask country B to return that person so they can either stand trial or serve a prison sentence. If both countries have an agreement, or if the laws of country B allow for it, and if certain legal safeguards are in place to protect the person’s rights, then the extradition can go ahead.”
Importantly, the bill distinguishes that extradition applies primarily to serious crimes, and the process is subject to legal safeguards.
“It is to be noted that extradition usually applies to serious crimes such as murder, drug trafficking, and large-scale fraud. However, the process is not automatic. Each request is reviewed carefully by the government and the courts to ensure it meets legal requirements. There are also important protections built into the process. For example, a person cannot be extradited if the request is on the basis of political views, race, or other discriminatory reasons.”
The Attorney General proceeded to dissect the bill’s structure, clarifying the relationship with regional and international partners.
“Part 1 tells us that the Bill applies to people who are accused of or convicted of serious crimes in other countries. It explains that if someone commits a serious offence overseas, like fraud, drug trafficking, human trafficking, or murder, and tries to hide in St. Kitts or Nevis, they can be sent back to face justice in that other country. It also makes clear that if a petition on evasion is wrongly accused abroad, they are entitled to fair process and legal protections before any decision on extradition is made.”
Part 2 strengthens regional cooperation with other CARICOM countries.
“This part explains how we handle extradition requests from our neighbours in CARICOM. Under the CARICOM Arrest Warrant Treaty, we already agreed to make it easier to send criminals back and forth between member countries. This Bill makes that work smoothly within our local laws. So if someone commits a serious crime in Grenada or Saint Lucia and hides here, or vice versa, we now have a clear path to return them.”
Part 3 addresses extradition to Commonwealth nations.
“The Bill deals with Commonwealth countries like Canada, the UK, and Australia. This section allows us to respond to extradition requests from those countries if we have a treaty or arrangement in place. It also ensures that anyone being returned has committed an offence that would be considered serious here at home. Anybody being returned has committed an offence that would be considered serious here at home as well. So for example, if, let’s use a wild example, if in country B it was a serious offence to pull the tail of a donkey, in St. Kitts that would not be considered a serious offence. So if a Saint Kitts-Nevis national in that country B pulled the tail of a donkey and has either been charged or is threatened to be charged and they’ve returned to Saint Kitts and Nevis, what this law does it says it must be a and therefore the authorities here, the court here could decide that pulling the tail of a donkey in country B is not serious enough to then extradite that person back to another Commonwealth country.”
In Part 4, the bill expands cooperation with other foreign nations.
“This is where we cover countries like the US, Taiwan, or any other place we’ve signed a treaty with. The Minister of Justice has the power to officially recognise countries for extradition purposes, and any person wanted in those countries for serious crimes like terrorism, financial crimes, or trafficking can be considered for return. I want to point out we do have extradition treaties with the United States and with Taiwan, and we are in discussions to enter into extradition treaties with other countries.”
Finally, Part 5 articulates the extradition procedure.
“One, a foreign country sends a formal request to our Minister of Justice. Two, if everything is in order, the Minister gives the go-ahead. Three, the police can arrest the person even on a provisional basis if time is short. Four, the person must be brought before a magistrate within 48 hours. Five, the magistrate checks if there’s enough evidence and whether the person should be committed for extradition. Six, if the person agrees to, they can consent right away. If not, they can appeal. Seven, after the court’s review, the Minister decides whether to issue the final order for extradition, and naturally, that decision will be made in cabinet. Throughout this process, the person under threat of extradition has the right to a lawyer, to appeal, and to be treated fairly.”
Regarding protections against extradition, the Attorney General was clear: “Now, the people of this country may ask, and you may ask, what stops someone from being extradited? A person cannot be extradited under this legislation if the offence is political, not criminal. If they are targeted because of their race, religion, nationality, or political views, if they wouldn’t get a fair trial in that other country, if they’ve already been tried for the same offence, and if the person is a citizen of St. Kitts and Nevis and the Minister decides not to extradite them. But, naturally, the Minister must have good reason, as any public official must have good reason to take certain decisions.”
Wilkin highlighted several other key provisions designed to protect due process and ensure smooth cooperation with foreign jurisdictions.
“The bill makes it clear and easier for courts to accept properly certified foreign documents like arrest warrants and convictions. If someone is arrested with stolen property or evidence, it can be handed over to the other country. If someone isn’t extradited within a set time, they can apply to be released. People passing through our country while being extradited elsewhere can be held temporarily. If someone is returned to St. Kitts and Nevis, they can only be prosecuted for the crime they were returned for unless special permission is given. If a person agrees to be extradited quickly, or if a trusted country makes a straightforward request, the bill allows for a simplified process to speed things up while still ensuring basic rights are respected.”
In closing, Hon. Wilkin reflected on the broader impacts of this legislative milestone.
“It’s not a long bill, but it is very important because it sets out the entire extradition framework in clear, modern language. It is a bill that, one, protects our borders, two, protects our people, and three, protects our reputation. If we want to be known as a sustainable island state, one that is modern, fair, and globally respected, then we must have strong, clear laws that allow us to work with our partners around the world. This bill also helps us to fight transnational crime, keep our CBI programme clean from abuse, show the world that we are a reliable partner in justice and security, protect our society from those who try to use our country as a safe haven for crime. The Extradition Bill 2025 is legally necessary, morally right, and internationally responsible. It is fair, balanced, and long overdue.” – Attorney General and Minister of Justice and Legal Affairs, Hon. Garth Wilkin.
