Extradition Lawyers
AREAS OF EXPERTISE
Extradition Law
Extradition is a legal process that allows for the transfer of individuals between countries to face criminal charges or serve sentences. In the UK, extradition is governed by the Extradition Act 2003.
Have you ever wondered what extradition means and how it works in the UK?
Extradition is a legal process that allows for the transfer of individuals between countries to face criminal charges or serve sentences. In the UK, extradition is governed by the Extradition Act 2003.
This process involves strict procedures, from arrest to court hearings, and often requires collaboration between UK authorities and foreign governments. Whether you’re facing extradition, supporting someone involved, or simply want to understand its implications, learning about how extradition works in the UK is essential in navigating this significant area of international law.
To secure extradition from the UK, the prosecution must overcome a number of legal “bars” or hurdles, in addition to addressing procedural requirements.
These statutory bars to extradition include:
Double Jeopardy
Extradition may be barred if the individual has already faced proceedings for the same offence, preventing prosecution for the same crime twice.
Passage of Time
If a significant amount of time has elapsed since the alleged offence, extradition may be deemed unjust or oppressive, particularly where it could infringe upon the defendant’s right to a fair trial.
Age
Extradition is barred if the individual would have been below the UK’s age of criminal responsibility at the time of the alleged offence.
Hostage-Taking Considerations
If the individual was previously extradited from another country, additional consent may be required before subsequent extradition, respecting prior international legal agreements.
Extraneous Considerations
Extradition may be denied if there is reason to believe the prosecution in the foreign state is a pretext for ulterior motives, such as racial or political persecution, or if these motives would result in unfair treatment in the foreign proceedings.
There are additional factors that the court will consider in extradition cases, which include:
Conviction in Absence
While trials in absentia are relatively rare in the UK, they are more common within the EU. As a result, Arrest Warrants may sometimes be issued after a person has been convicted and sentenced without their knowledge. In such cases, extradition can only proceed if the person will be guaranteed the right to a retrial in the requesting country.
Compatibility with the Human Rights Act 1998
Extradition must not violate the individual’s rights as outlined in the European Convention on Human Rights. Key protections include the right to a fair trial, freedom from torture or inhuman treatment, and respect for family life, among other fundamental rights.
The Dual Criminality Test
For extradition to be permitted, the alleged offence must be recognised as a criminal offence in both the UK and the requesting country, unless it falls under one of 32 specified serious offences (e.g., murder, drug trafficking) deemed criminal universally. For these specified offences, an additional threshold of seriousness applies: the offence must carry a maximum sentence of at least three years for those accused, or an actual sentence of at least 12 months for those already convicted.
How can we help you?
We are fully equipped to provide early intervention when the requested individual seeks to voluntarily surrender to the police. Our team brings extensive, practical expertise in the full spectrum of arguments available to resist extradition and challenge extradition requests. We proactively manage cases from the outset, even prior to the issuance of formal requests, to prevent the initiation of a warrant. We also represent clients who have already been arrested, appearing before Westminster Magistrates’ Court or at advanced stages of the appeal proceedings.
Over the years of managing cross-jurisdictional matters, we have cultivated an extensive network of esteemed legal experts globally. Our clients benefit from seamless access to international lawyers, including those in Europe and Part 2 category countries. By collaborating with foreign counsels at the earliest opportunity, we provide strategic advice, representation, and facilitate negotiations with the requesting state. This streamlined approach spares clients the effort of sourcing specialists independently, leveraging our established relationships with highly skilled professionals who have consistently delivered outstanding results.
Recognising that every client has much at stake and each case presents its own unique challenges, we ensure the swift establishment of the right defense team for you, from specialist counsel and international lawyers to expert witnesses. We offer a bespoke service tailored to the specific needs of our clients:
IMMIGRATION LAW
In immigration law, we assist with applications for permanent residence and British citizenship for both children and adults. Additionally, we specialise in deportation cases, providing clients with guidance and support throughout the process.
Phone
07447534986 (mobile)
Contact Info
Bark&co
Hamilton House
1 Temple Avenue
London, C4Y 0HA.