We understand how stressful being interviewed by the authorities can be. This is particularly so when being interviewed by foreign agencies.
Our team of experts recognise the importance of adopting the best legal strategy during the interview as this can have a profound impact on both the progress and the result of an investigation or subsequent prosecution.
Thomas Cattee, ex-SFO lead investigative lawyer, heads our team of defence lawyers. His unique insight into the inner workings of prosecuting agencies, both domestic and foreign, is unrivalled having sat on the other side of the table alongside them.
We offer unparalleled extensive advice regarding all aspects of interviews conducted by investigating, prosecuting, and regulating agencies, including those conducted voluntarily. We regularly manage interview processes in multi-jurisdictional, multi-agency investigations and provide a bespoke interview strategy, built upon a deep understanding on how the product of any interview will affect the development and potential outcome of a client’s case.
Whether attending on under caution, or voluntary, it would be wise to seek counsel at an early stage. Decisions made here can determine whether a person is released without charge or prosecuted for offences. Where a decision to prosecute is made, events at the interview stage can shape whether the case ends with a conviction or an acquittal.
If you have been invited to partake in an interview under caution or voluntarily or what to know more 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.
For Arrest Warrant cases under Part 1 of the Extradition Act 2003,…
Read MoreFor Arrest Warrant cases under Part 1 of the Extradition Act 2003, an extradition hearing is meant to commence within 21 days of your first appearance in court. In practice, this date will often be adjourned and the whole process usually takes around 2 – 3 months.
For non-EU cases under Part 2 of the Act, extradition usually takes around 6 – 9 months.
The actual extradition hearing can take anything from a matter of hours to many days depending on the complexity of the case.
People often think that a court needs to be sure…
Read MorePeople often think that a court needs to be sure of their guilt to extradite them. This is untrue.
Under the Arrest Warrant scheme no evidence of the alleged offence is ever required.
Some non-EU countries are still required to show a prima facie case but for many countries – including the USA and Russia – this is not the case.
Contact us using our contact form by selecting a service from the drop down list below.
