ABU HAMZA could be extradited to the United States within four months under a “fast track” Anglo-American extradition treaty that came into force at the start of this year.

But if lawyers resort to every avenue of appeal during the proceedings, the process could take as long as a year.

The treaty removes the need for American officials to produce prima facie evidence of an offence. Instead the judge hearing the request will look at details of the alleged offence without having to consider whether there is a case to answer or evidence to prove it.

The American authorities will hope that the treaty, which is governed by the Extradition Act 2003, will see Abu Hamza extradited without the lengthy legal wrangling that has dogged other cases.

But, although the treaty might speed up the process, critics say that it is “one-sided” and allows America to extradite people from Britain simply by requesting it without having to prove anything against them.

By removing the need for presentation of a prima facie case, the treaty, which was signed last year by David Blunkett, the Home Secretary, and John Ashcroft, the US Attorney-General, brings procedures between the two countries more in line with extradition arrangements within Europe.

These are governed by the European Arrest Warrant and have only to provide a valid warrant with particulars of the alleged offence to the National Criminal Intelligence Service.

The document seeking Hamza’s extradition includes a statement of the facts of the case such as the alleged offence, when it was committed and in what circumstances. Any offence carrying a jail penalty of at least one year is extraditable.

The US Justice Department said last night that it was willing to discuss with Britain the possibility that the death penalty would not be imposed on Abu Hamza. If they want to secure his extradition, they have little choice. Under the treaty the Government cannot extradite anyone to a state where they might be executed.

The judge considering any case would also bar extradition if the person were in danger of being tried twice or being pursued on account of their race, religion, nationality, gender, sexual orientation or political opinions. It would also be blocked if the passage of time since the alleged offence might make it it unjust or oppressive to extradite.

Hopes of a speedy extradition could be hampered, however, by appeals from Abu Hamza’s lawyers.

After his first appearance, the judge may, upon request, allow the hearing of the case to be postponed for more than two months “in the interests of justice.”

If the judge agrees to the extradition lawyers can appeal against that. If this first appeal fails, the case goes to the Home Secretary. Representations against being extradited must be received within six weeks. The Home Secretary then makes a decision, usually within two months.

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