Recommendation MAI-56: Address extradition difficulties for section 35 offences
From Manchester Arena Inquiry: Volume 3: Radicalisation and Preventability, published 2 March 2023.
Recommendation
I recommend 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.
In brief (written by this site)
The Cabinet Office reported in February 2026 that the Ministry of Justice has "no current plans to increase the maximum sentence" for an Inquiries Act offence to bring individuals within scope of extradition, because existing and proposed penalties are proportionate and dual criminality might still prevent extradition (Cabinet Office, Feb 2026). It stated in February 2026 that wider reforms to the Inquiries Act are under consideration, in light of which the recommendation will be considered and any necessary legislative changes taken forward (Cabinet Office, Feb 2026).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
Partially accepted
Delivery
Cabinet Office says in progress (27 February 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
Earlier statement on delivery (1)
Cabinet Office (14 November 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
From: Manchester Arena Inquiry Recommendations Dashboard, original version (data file)
Source
Responsible bodies
Themes and tags
Who has spoken
- UK Government
Response - Cabinet Office
Delivery statement