EXTRADITION

What is Extradition?

Extradition is the formal process for requesting the surrender of requested persons from one territory to another. A person can be liable for extradition if they are accused or convicted of a crime in a foreign country. Prosecutors can use extradition when they need to secure the surrender of a person from another country to England and Wales for the purpose of:

• Prosecution;
• Sentencing for an offence for which the person has already been convicted; or
• Carrying out of a sentence that has already been imposed.

UK to EU extradition process

The process for extradition from the UK to EU territories follows these steps:

• a warrant is submitted by the requesting state (usually electronically, via Interpol)
• certificate is issued by the relevant UK authority (after a proportionality test is applied)
• arrest
• initial hearing
• extradition hearing

Appealing against Extradition orders

In the event of an Extradition Order being made, the requested person may put forward representations to the Secretary of State within four weeks of referral to the Home Secretary

Bars to Extradition

There are list of statutory bars that apply to Extradition. If any of the bars to extradition apply then they requested person’s extradition cannot be order and the judge must discharge them

Human rights – the Judge must also consider whether extradition will be compatible with the person human rights. If the judge und that the extradition would not be compatible with the requested persons human rights then the person’s extradition cannot be ordered

Bail

when will bail not be granted? where the requested person has been convicted of the offences which are the subject of the request, there is no presumption in favour of bail

when could bail be granted?  The court may consider whether to impose stringent bail conditions. These may typically include, but are not confined to:

• Provision of a security/surety;
• Surrender/retention of travel documents;
• Prohibition against applying for travel documents;
• Geographical restrictions, e.g., restriction from being near travel ports or airports;
• An electronically tagged curfew requirement;
• Regular reporting to a local police station.

Removal

When extradition has been ordered by Westminster Magistrates’ Court the person must be extradited:

• within 10 days of the expiration of the 7-day notice period for applying for permission to appeal; or
• a later date agreed by the judge and the foreign authority.

Where the requested person makes an unsuccessful appeal, he must be extradited within 10 days of:

• the High Court’s decision becoming final; or
• any later date agreed between the court and the foreign authority.

How can we help?

Kingdom Solicitors specialises in representing individuals in extraditions matters and defending substantive extradition proceedings. If your facing the possibility of extradition we can defend you against any firm of extradition, whether your been charged for a crime, convicted of a crime or suspected of a crime.

We can assist and advice you with the following:

1. Extradition relating to category 1 and 2 territories

2.. Appeal and Human Rights related issues

3. Double Jeopardy for instance if you are being prosecuted for the same offence twice

If your facing an extradition order, please us on 020 7650 7970 or email us on info@kingdomsolicitors.com