Extradition

Oracle Solicitors have a team of specialist extradition lawyers that can assist you right from the point of arrest up to appeals in the Supreme Court. Our proven track record of challenging European and other international arrest warrants is second-to-none.

What is extradition law?

Extradition law covers the transfer of a person who has been accused or convicted of a Criminal Offence in a country outside of the UK. The individual’s transfer could be sought to stand trial or to serve a sentence that has already been imposed by the requesting country. Extradition proceedings can be difficult and distressing whilst the impact on the individual and their family can be extremely severe.

This is one of the most complex and fast-changing areas of criminal law, and it is one in which our expert lawyers specialise in. Extradition is not a formality for us, we use all our resources and legal skills to challenge any arrest warrant by identifying and instructing all types of experts to best assist your case.

We always fight for the best possible outcome whatever the circumstances and be at your side throughout as instructed lawyers.

The Extradition Act

The Extradition Act (2003) came into force on the 1st of January 2004 and covers all import (from the UK) and export (to the UK) requests submitted or received from this date forward.

How our extradition lawyers can help

We can advise individuals who may be at risk of arrest before proceedings are brought and are on hand to respond immediately to represent suspects 24 hours a day, seven days a week.

Our extradition lawyers can provide full representation at an initial court hearing and any subsequent proceedings including applications for bail. We can advise on appeals and cases which proceed to the Supreme Court and The European Court of Human Rights. This includes emergency Article 34 applications and applications for interim measures under Rule 39.

FAQs

Following Brexit, the UK is no longer a member of the European Arrest Warrant (EAW) framework. The Future Relationship Act amended the Extradition Act 2003, implementing the EAW arrangements.

The process for extradition from the UK to category 1 territories is as follows:

  1. Warrant from requesting state, usually through Interpol
  2. Certificate issued to relevant UK authority
  3. Arrest
  4. Initial hearing
  5. Extradition hearing

Steps 1 & 2 can be skipped in urgent cases.

Category 2 territories are split into two types – A & B.

The extradition process is as follows:

  1. Request made by the Secretary of State of the requesting territory
  2. UK Secretary of State decides whether to certify the request
  3. UK Secretary of State send case to court
  4. Judge issues a warrant
  5. Arrest made
  6. Preliminary court hearing
  7. Extradition court hearing
  8. UK Secretary of State decides on whether to extradite person

 

It is difficult to assess how long an extradition process could take. It depends on the nature and complexity of the case.

Judges at extradition hearings assess whether the warrant meets the standards for extradition. This includes assessing the crime and situation.

Emma Burgess

Emma is Head of Crime, Investigations and Enforcement and was called to the Bar in 2009. She is an experienced and forceful advocate.

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