Assistance for clients who are arrested whilst travelling abroad. Extradition is a complex area of law and it may be difficult to secure the necessary local expertise depending on where you’re arrested.
Headed by Roger Gherson and Thomas Cattee, our team of legal experts provide advice and assistance for clients who are facing extradition requests both from the UK and abroad. We are all too familiar with the speed at which the process can happen and recommend obtaining expert representation as quickly as possible.
We also have an enviable success record in relation to defeating extradition requests, successfully representing individuals subject to mutual legal assistance measures, and successfully challenging Red Notices and securing their withdrawal and removal for clients.
If you are already the subject of an extradition request, or seek a second opinion on advice you have received, our team is well versed in dealing with appeals and providing sound second opinions.
Knowing what your rights are and understanding your options is essential. Our specialist extradition team is on call 24/7 and has the knowledge and experience required to help you.
Even after an extradition request is defeated international travel often remains difficult. Even though the threat of arrest and extradition has been defeated in one country it may still be an issue in others. With this in mind, we regularly offer advice on future travel arrangements and have extensive experience in cautiously managing the aftereffects of an extradition request. For example, INTERPOL may still be processing data relating to the individual and as such there could remain a risk of arrest when travelling.
Extradition is the formal legal process by which one country asks another country for the return of an individual to face a criminal trial in the requesting state.
Extradition can also be requested for an individual who is wanted abroad following conviction in the requesting state.
Yes. Being the target of an extradition request is a very stressful and harrowing experience for both the subject and their family and can have reputational damage that can severely impact an individual’s livelihood.
Yes. Even if you only suspect that an extradition request is on its way, it pays to be prepared. Taking pre-emptive action may also enable us to avoid an unexpected arrest and put in place procedures to maximise your chances of bail.
For more information about us and our Extradition, Mutual Legal Assistance and Interpol services, please contact a member of the team who can answer any questions and guide you through the process.
An extradition lawyer will be able to advise you whether…
Read MoreAn extradition lawyer will be able to advise you whether there are any technical defects to the extradition request or procedure that mean you should be discharged.
If there are no defects in the request and the offences are what are described as “extradition offences” – again an extradition lawyer will be able to advise you on this – then the court will consider whether your extradition should be barred for various reasons. These include, but are not limited to the following:
Double jeopardy – you have already dealt with the offences
Extraneous considerations – the warrant has in fact been issued to persecute you, or you would face prejudice on your return as a result of your race, religion, gender, sexuality or political beliefs
Passage of time – it would be unfair or oppressive to extradite you because of the time that has past since the offence or conviction
Forum – the offence should be prosecuted in the UK rather than the requesting country
It is also possible to defeat the request for extradition if you can demonstrate that:
You were involuntarily convicted in your absence and you are not entitled to a retrial
Your extradition would not comply with your human rights under the European Convention on Human Rights
Your physical or mental health is such that it would be unjust or oppressive to extradite you
The extradition is an abuse of process
These potential defences are often complex and require the careful use of evidence. You should speak to a lawyer who can advise you properly on your individual circumstances.
Extradition is the process that occurs when a country requests…
Read MoreExtradition is the process that occurs when a country requests the transfer of an alleged or convicted criminal to another country to face trial or punishment.
The form that an extradition request takes varies depending on which country is requesting your extradition.
Extradition request from European Union (“EU”) country
Within the EU the European Arrest Warrant (“EAW”) is used. As part of Brexit and the UK leaving the EU, all EAWs to the UK from the EU issued before 31 December 2020 where no arrest has yet been made will now be treated as “Arrest Warrants”. Therefore going forwards if a EU country now requests your extradition from the UK this will be via an Arrest Warrant rather than a EAW. This Arrest Warrant still acts as a warrant for arrest and a request for extradition. You can be arrested on an Arrest Warrant without any further warrant from a UK court.
Extradition request from non-EU country
If a non-EU country is requesting your extradition a formal extradition request is made to the Secretary of State for the Home Department.
For non-EU countries there will be a domestic warrant for your arrest issued by Westminster Magistrates’ Court.
No, the police will not interview you in relation to…
Read MoreNo, the police will not interview you in relation to the extradition. Their role is simply to take you to court as soon as possible.
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