MAI-56 Response Accepted in Part AI-assessed

Address extradition difficulties for section 35 offences

Recommendation

It is recommended that the Home Office give consideration to addressing the difficulties in extradition in relation to an offence under section 35, given that the maximum sentence for such an offence is below the minimum qualifying threshold for extradition.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to Gov.uk recommendations dashboard, 27 Feb 2026, the Ministry of Justice has noted this recommendation, but there are no current plans to increase the maximum sentence for an offence under Section 35 of the Inquiries Act 2005 to meet the minimum qualifying threshold for extradition. According to Gov.uk recommendations dashboard, 27 Feb 2026, the maximum sentence is set to increase to 51 weeks upon commencement of Section 281(5) of the Criminal Justice Act 2003, but this does not explicitly address the extradition threshold issue.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, mainquiry.dac.grid.civilservice.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
UK-wide
Response
Accepted in Part
Accepted in Part UK Government
03 Nov 2022

The Home Secretary made a written statement to Parliament on 3 November 2022 following publication of Volume 2, acknowledging the findings on emergency response failures and stating the government would work with emergency services to implement improvements. The response committed to reviewing interoperability arrangements between emergency services and strengthening joint training and exercising protocols for major incidents.

Read Full Response
Progress Timeline
Official Report
27 Feb 2026

The Ministry of Justice has noted the recommendation. There are no current plans to increase the maximum sentence for committing an offence under the Inquiries Act (it is currently 6 months, but will increase to 51 weeks when section 281(5) of the Criminal Justice Act 2003 is commenced) in order to potentially bring an individual within scope of the Home Office extradition regime. This is because the current and proposed sentence lengths are proportionate and consistent with other similar offences (for example offences relating to witnesses and evidence in part 2 of schedule 6 to the Coroners and Justice Act 2009 (applicable in England and Wales) and even if changes were made to sentence length it might not result in extradition, if the offence is not also a crime in the country that the extradition request is sent to. However, following the recommendations of the Statutory Inquiries Committee on the efficacy of the law and practice relating to statutory inquiries under the Inquiries Act 2005 the Cabinet Office is currently considering wider reforms of the Inquiries Act as well as measures to strengthen the public inquiries system as a whole. These Inquiry recommendations will be considered by MoJ in light of these wider reforms and changes needed in legislation will be taken forward as part of this broader package

Official Report
14 Nov 2025

The Ministry of Justice has noted the recommendation. There are no current plans to increase the maximum sentence for committing an offence under the Inquiries Act (it is currently 6 months, but will increase to 51 weeks when section 281(5) of the Criminal Justice Act 2003 is commenced) in order to potentially bring an individual within scope of the Home Office extradition regime. This is because the current and proposed sentence lengths are proportionate and consistent with other similar offences (for example offences relating to witnesses and evidence in part 2 of schedule 6 to the Coroners and Justice Act 2009 (applicable in England and Wales) and even if changes were made to sentence length it might not result in extradition, if the offence is not also a crime in the country that the extradition request is sent to. However, following the recommendations of the Statutory Inquiries Committee on the efficacy of the law and practice relating to statutory inquiries under the Inquiries Act 2005 the Cabinet Office is currently considering wider reforms of the Inquiries Act as well as measures to strengthen the public inquiries system as a whole. These Inquiry recommendations will be considered by MoJ in light of these wider reforms and changes needed in legislation will be taken forward as part of this broader package

Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

Reasonable Progress
14 Nov 2025
Cabinet Office Other

Government published formal Manchester Arena Inquiry recommendations dashboard on GOV.UK (14 November 2025) tracking all 149 recommendations with implementation progress updates.

Manchester Arena Inquiry recommendations dashboar… View Source
Reasonable Progress
03 Apr 2025
UK Parliament legislation

Terrorism (Protection of Premises) Act 2025 received Royal Assent 3 April 2025. Creates two tiers: Standard Duty (200-799 capacity) and Enhanced Duty (800+). SIA will be regulator. Not yet in force -- at least 24 months before enforcement (expected April 2027).

Terrorism (Protection of Premises) Act 2025 View Source
Reasonable Progress
05 Jun 2023
National Police Chiefs Council Other

NPCC, Counter Terrorism Policing and College of Policing provided comprehensive updates to Sir John Saunders demonstrating "continued drive to improve collective response to terrorist incidents."

View detailed findings

Representatives working with UK Intelligence Community to address closed Volume Three recommendations. Cross-government monitoring ongoing.

NPCC Monitored Recommendation Hearings Update View Source
Source
Report Manchester Arena Inquiry: Volume 2: Emergency Response 03 Nov 2022
Responsible Bodies
Home Office Primary
Recommendation age 3.4 yrs
Last formal update 27 Feb 2026