[holding answer 10 March 2014]: Since May 2010, the Secretary of State for the Home Department, my right hon. Friend the Member for Maidenhead (Mrs May), has withdrawn the extradition orders in two extradition cases. One case fell to be considered under the Extradition Act 1989, which gave the Secretary of State a wide discretion as to the matters she may consider. The other case fell to be considered under the Extradition Act 2003, under which her decision-making powers are limited to a number of factors. The case in question, however, was decided under the Secretary of State's then residual human rights obligations. The Secretary of State no longer has the power to consider representations on human rights grounds, following the coming into force of the relevant provisions of the Crime and Courts Act 2013.

The UK's extradition treaty with the US was the subject of an independent review led by retired Appeal Court judge, Sir Scott Baker QC, in 2011. The review found that the treaty was fair and balanced. It contains numerous safeguards for the subjects of extradition requests, and these are reflected in the domestic legislation of both states, including, in UK law, the Human Rights Act.

If someone is extradited but not then imprisoned, the position concerning the individual circumstances will be considered. It may be possible to pay a benefit overseas under normal temporary absence rules, however working age benefits are not paid to a person who is resident in the United States, regardless of the reason they are there.

The Foreign and Commonwealth Office (FCO) and its missions overseas provide consular support to British nationals who find themselves in difficulty abroad as laid out in the FCO publication "Support for British nationals abroad: A guide".

Support offered to all detainees includes visits, explanation of local procedures and support to ensure health and welfare issues are property addressed in line with local standards.

However, the FCO is unable to offer financial support to British nationals in detention. However, small amounts of funding for detainees with special needs is available in certain cases from charities working to support British nationals in detention overseas.

My hon. Friend raises an important point that I know has been a concern to many hon. Members. The amendments that I have tabled to the Anti-social Behaviour, Crime and Policing Bill, which, as we heard earlier, is in Committee, will address this very point by saying that judges should discharge somebody if a European arrest warrant is issued at a point where the requesting country has not already decided to charge and try that individual.