Extradition
Extradition is the legal process by which one country transfers an alleged or convicted criminal to another country. In the UK, the Extradition Act 2003 regulates extradition. The Crown Prosecution Service usually pursues extradition requests on behalf of requesting states. All extradition cases begin in the Westminster Magistrates' Court.The UK is receiving increasing numbers of extradition requests, many from countries with dubious human rights records. Many of the traditional safeguards against extradition have been removed in recent times. A large number of countries now do not even need to provide any evidence in support of their extradition requests. Often the only effective way to resist extradition requests is to persuade the courts that the allegations are politically or otherwise improperly motivated and/or that the defendant may not receive a fair trial for such reasons.
Our Expertise
Gherson has vast experience in representing immigration clients who are also facing extradition to their homeland. Many of these clients have claimed asylum or argued that their extradition would violate their human rights on identical grounds to those used to resist their extradition. We have represented clients facing criminal charges from all over the world, including the former Soviet Union, the USA, the Middle East, Indochina and the Indian sub-continent. We have particular experience in dealing with cases arising from Russian extradition requests. We have had an extremely high success rate in these cases, not least because of our ability to obtain expert evidence and provide detailed background information about the requesting states. We also work closely with criminal defence lawyers in the requesting states. Often the extradition case has been defeated because we have obtained asylum for our clients beforehand.
We have also been called upon to advise and provide expert support in extradition and asylum cases in many foreign jurisdictions, including France, Italy, Germany, Cyprus, the Czech Republic, and Monaco.
Our Service
The need for effective, proactive representation for those facing extradition has never been more important.
In response to demand from our clients for a "one-stop" service that can cater for all of their needs in both the extradition and immigration contexts, we have recently opened our own in-house extradition department.
Whether it is reacting with speed to an unexpected arrest or preparing in depth to face a prospective request, Gherson can help you put forward the best possible defence against extradition.
Extradition is by its very nature international in character. Often a key ingredient to success is a coordinated legal strategy in the requesting state. Gherson are able to liaise with lawyers abroad to maximise efforts to resist an extradition request.
We strongly believe that our clients will benefit from having their overlapping immigration and extradition matters dealt with by a single firm of solicitors. This will also help to reduce our clients' legal costs by avoiding unnecessary duplication of work by multiple firms of solicitors.
Other services
In addition to representing clients resisting extradition from the UK, we are also able to advise and assist in the following matters:
- Securing bail;
- Travel outside the United Kingdom, including advice on Interpol Red Notices. We have excellent contacts outside the UK and can provide expert support to foreign lawyers in extradition cases outside the UK;
- Resisting requests for Mutual Legal Assistance, both inside and outside the UK.