Extradition is the process in which a country transfers a criminal, a convicted or a suspected person to another country. Our criminal defence solicitors in London specialize in providing comprehensive legal assistance for extradition cases. From conducting thorough case evaluations to crafting robust defence strategies, our team of extradition lawyers is dedicated to protecting your rights and interests. People who are involved in a case of extradition are counseled to receive legal assistance from our extradition solicitors.
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Quick Facts |
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When is extradition required? |
Extradition is a formal process for requesting the surrender of an individual guilty of crimes, from one country to another. |
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Purposes of extradition |
For prosecution, to be sentenced, to carry out a sentence |
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Applicable legislation |
Extradition Act 2003 |
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Domestic legal basis to make extradition |
Title VII of the EU-UK Trade and Cooperation Agreement (TCA) |
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What is the European Arrest Warrant? |
Cross-border judicial procedure for individuals who must execute a sentence |
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Sentences and extradition |
Extradition processes can also be used to activate the transfer of a sentence. |
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What is the nationality bar and what happens in this situation? |
A nationality bar implicates the refusal of a country to extradite its own citizen. An EU citizen can only be extradited to a third country, like the UK, after consultation with the EU member state of which that citizen is from. |
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Where does the initial hearing take place? |
Magistrates' Court |
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What happens if the requested individual does not consent to extradition? |
The court of law may consider extradition unreasonable or incompatible with the human rights. |
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Situations of ongoing sentece and extradition |
Postponed extradition proceedings until that sentence is served |
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Representation at the Magistrates' Court (YES/NO) |
Yes |
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Human rights in extradition cases |
The case is evaluated and, if human rights are breached, the extradition might not take place. |
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How can a defence solicitor help you in an extradition case? |
– evaluation of the case, – explaining the rights in case of extradition, – representation in the court of law, – defence strategy proposals |
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Choosing our criminal defence solicitors |
– experience in extradition cases, – professionalism, – communication, – proper legal support |
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Free case evaluation |
We offer a free consultation for persons implicated in extradition cases. |
Table of Contents
The main rules explained by our extradition lawyers
In the UK legislation, the extradition process is overseen by the Extradition Act 2003. The law establishes and defines all the rules of the extradition process, either by or to the UK. The act is split into five parts, each one being well-issued so that it can cover all the procedures and rules for the process of extradition. If you believe you are about to be deported and you need legal assistance in your case, our extradition lawyers can provide all the legal support in your case, our team is specialized in this procedure.
The Extradition Act parts are:
- part 1 handles the so-named categories 1 and 2 of territories. This means that, where it is not mentioned in the Act, the first category includes all the members of the European Union. Part 1 contains the procedures of the European Arrest Warrants;
- part 2 is concentrated on all other countries that signed a treaty regarding the extradition process with the United Kingdom;
- part 3 handles the issuing of extradition warrants and European arrest warrants;
- part 4 establishes the procedure regarding the power of arrest, but also searches and even seizes people who are going to be issued extradition warrants and European arrest warrants;
- part 5 contains varied disposals regarding the extradition procedure to and from other British overseas territories.
Our extradition lawyers in London can provide, at your request, legal assistance in a case of extradition, where his/her rights will be entirely explained.
Amendments in the Extradition Act 2003
The Extradition Act 2003 underwent a significant amendment through the Crime and Courts Act 2013, introducing the forum bar. This legal provision aims to ensure a thorough exploration of the possibility of domestic prosecution before extradition proceedings begin. Notably, the amendment also removed the Home Secretary’s authority to consider human rights issues in extradition cases. Instead, the responsibility now lies with a judge to determine whether the extradition violates an individual’s human rights or if health concerns render extradition unjust or oppressive. Our criminal defence solicitors in London can offer you in-depth information about these amendments.
Details about the extradition hearing in UK
The extradition process starts as soon as the documents have been prepared. The hearing in cases of extradition can be scheduled within 21 days of the arrest of the individual charged with serious offences. The magistrate who deals with a case of extradition needs to consider if the prosecution case against the offender is adequately advanced and if the extradition request is properly or not suitable.
At the same hearing, the magistrate will analyze if the extradition case is or is not compatible with the person’s human rights, in order to grant the extradition. We remind you that our extradition lawyers in London are able to analyze your case of extradition and offer legal advice in a court of law.
Extradition for states without bilateral or multilateral agreement
According to the Extradition Act 2003 and more specifically Section 193 which mentions extradition cases for countries without a bilateral or multilateral agreement, extradition is possible if the state concerned is a party to an international convention. This commitment details the conditions under which extradition may take place, but also the countries with which the UK has concluded such an agreement. We invite you to talk to our extradition solicitors in London to find out full details about the legal aid offered.
Appeal an extradition decision at the Supreme Court in the UK
In cases where the extradition decision is not in accordance with both parties involved, one can appeal the verdict to the High Court of Appeal in the UK, with the proper help from our extradition lawyers in London. This kind of appeal can be made if a matter of general public importance related to the law is concerned. The permission to appeal an extradition decision can be granted by the Supreme Court in the UK, the next step regarding the hearing of the appeal in front of the magistrates. Consider that any case of an appeal of extradition can be made under comprehensive legal advice, a matter where our team can suitably offer help and guidance.
EAW system after Brexit
EAW comes from the European Arrest Warrant and is a scheme that was eliminated with the UK’s exit from the European Union. Although there was a transition period to be able to change the legislation, the withdrawal from the EAW agreement did nothing but complicate the extradition cases. As the UK is no longer part of the Court of Justice of the EU, the country needs to finalize the laws regarding extradition. What is important to note is that the UK and the EU have signed the TCA agreement and more precisely the Trade and Cooperation Agreement which specifies the situations of cooperation in criminal and civil law, including extradition. But for more information, you can talk to our team of extradition lawyers in London.
Information about TCA extradition
As mentioned above, the UK has reached an important agreement with the European Union, following Brexit, on crime and extradition cases. In this situation, the UK has access to the data system called Schengen Information System II, where protected information is found. These are also mentioned by EAW. At the same time, there is access to the information provided by INTERPOL, the international organization for the cooperation of police forces.
However, being treated as a third-party member, the UK may encounter complexities in certain extradition cases, in collaboration with EU member states that can handle requests from another point of view. But you can get detailed information from our team of extradition lawyers in London, with experience in this field. It is essential to receive the necessary legal advice in cases of extradition, to be able to have a complete idea about the rights you have.
The statutory bars to extradition
Within the realm of extradition law, statutory bars serve as crucial safeguards, applicable even in cases where no explicit clause exists within the relevant treaty. These bars encompass various circumstances, ensuring a fair and just process of extradition. Here our extradition lawyers can guide you about some situations where a bar is applicable. Among them are provisions such as double jeopardy, which prohibits the procedure of extradition when the individual has already faced prosecution for the same offense. Similarly, the absence of a prosecution decision bar prevents the extradition procedure when decisions regarding charging and trial are pending in the requesting country. Other bars, such as extraneous considerations, health concerns, and dual criminality, further contribute to the scrutiny of extradition requests.
Please get in touch with our defence solicitors in London if you have questions about other situations where a bar would be applicable. Our solicitors in London can answer your concerns effectively.
How can you be helped by our extradition solicitors in London?
Extradition cases come to our attention from the very beginning, therefore, we can establish the correct legal strategies, depending on the situations and circumstances presented. Here is some information on how you can be helped if you are a British citizen, accused of crimes in a foreign country, for which extradition is needed:
- First of all, there will be the issue of the bail application, presented in court.
- Human rights come into play if an extradition request has been made. It is important to note that you have rights if you are charged with crimes in a foreign country.
- Under UK law, a person’s state of health or mental health can influence the extradition process. However, we will be able to represent you in this direction, with the right strategies.
- We work both with local experts, as well as with international specialists, for good collaboration in extradition cases.
- Complex cross-border aspects could intervene in an extradition case, so it is good to consider our legal help.
So, if you want to find out more about extradition and the experience of our specialists in this area, do not hesitate to talk to us. Our extradition solicitors in London are at your disposal with all the necessary information to be able to get over this situation. It is important to consider specialized help and more precisely legal advice in the case of extradition.
Some statistics on crime in the UK
Here are some interesting statistics about crime in the UK’s major cities:
London crime rate:
- Overall crime rate: 105 crimes per 1,000 people.
- Comparison with the UK average: London’s crime rate is 32% higher than the UK average of 79.52 per 1,000 people.
Birmingham crime rate:
- Overall crime rate: 137 crimes per 1,000 people.
- Comparison with West Midlands: Birmingham’s crime rate is 17% higher than the West Midlands rate of 118 per 1,000 daytime population.
Have you been accused of crimes, and do you need specialized legal help? We recommend the services of our fraud solicitors in London, with experience in various fields. Our legal aid solicitors in London can inform you about the rights you have and the cases in which bail can be applied if you are kept in police custody.
Besides this, our drug solicitors offer assistance to individuals facing drug-related charges. From providing legal advice and representation in court to crafting strategic defence arguments, our criminal lawyers in London strive to protect our client’s rights.
Consulting our extradition lawyers is recommended if you’re facing extradition proceedings. With a deep understanding of international extradition law, our criminal solicitors in London provide guidance and representation to safeguard your rights and interests. Don’t navigate extradition alone, contact our extradition lawyers for legal support and advocacy.
