What happens at an extradition hearing?
It’s understandable that you might feel a little nervous about attending an extradition hearing. To help you feel calmer about it, we explain what you can expect. In this blog, we look at what happens during an extradition hearing, and how you can prepare if you’re asked to attend.
Initial hearing
The first time you’ll attend court is for the initial hearing, which takes place at Westminster Magistrates’ Court in London. If you have been arrested and charged with an offence, the police will have given you a charge sheet, and the charge sheet will tell you what time you need to be at Westminster Magistrates’ Court.
Alternatively, you will receive a letter in the post to tell you the time and date of your hearing. If you asked anyone from Harewood Law to attend the police station with you, then we’ll let you know when the hearing will take place.
You should arrive at court around 45 minutes before the hearing is due to start. You have to go through security and find the right courtroom for your hearing. Court staff are usually on hand to help, or if you have instructed solicitors, we can meet you there and make sure you’re in the right place at the right time.
At the initial hearing, the District Judge will be in charge. There is no jury. The hearing is fairly short and the District Judge will do a few things:
· Verify that you are the same person who is named on the arrest warrant. The judge wants to make sure that you are the correct person.
· Explain the extradition procedure, and tell you that you have the right to consent to it, or to challenge it.
· If you challenge the extradition, then the District Judge will set a date for an extradition hearing.
· Consider an application for bail.
Your role in the initial hearing is to say if you consent or challenge the extradition. You can also give your reasons why you should be granted bail.
Both of these points are quite technical from a legal point of view, so it’s a good idea to have a legal team. Solicitors can advise you of your options, and the best arguments for your circumstances. A barrister will present your arguments in court, in the most persuasive way possible.
Extradition hearing
The extradition hearing will also take place in Westminster Magistrates’ Court, so you’ll have a little more familiarity with the process. You should receive a letter with the date and time of the hearing, and if you instruct Harewood Law, we’ll make sure that you know when you’re supposed to turn up.
The extradition hearing is your chance to put forward your case about why you should not be extradited. Again, these are legally complex arguments and you need specialist lawyers on your side to make arguments that might be successful.
The sorts of things that influence the judge’s decision are:
· Whether the offence is an extradition offence
· Whether the offence carries the minimum level of sentence (12 months)
· Whether the offence amounts to an offence in the UK
The barrister will make the arguments on your behalf and the District Judge will consider the arguments. Then the judge either makes judgment on the day, or puts a pause on the case while he or she writes a judgment.
If your extradition falls into the Category 2 extradition, then the District judge may refer the matter to the Secretary of State in the High Court.
Appeal
If the District Judge decided that you should be extradited, despite your challenge, then one of two things will happen. You will either be extradited within 10 days, or you can decide whether or not to appeal the decision.
It is possible to appeal the District Judge’s decision in some circumstances. You have to do this quite quickly, within 7 days. You need to ask for permission to appeal, which may or may not be granted. Then the High Court will consider the appeal.
The process and the law around extradition is complex and technical. To stand the best chance of getting the outcome you want, it’s best to instruct lawyers as soon as possible.
Please get in touch with the specialists at Harewood Law if you’d like us to help. If you’re worried about costs, we can discuss pricing structures with you, and whether or not you qualify for legal aid. We are based in Leeds and cover Bradford, Halifax, Wakefield, Huddersfield, Keighley and across West Yorkshire and the UK.
Harewood Law regularly instruct leading experts in this area and we can assist, guide and advise on the type of expert that is most relevant in your particular circumstance. Please contact our team today on 0333 3448377 or email us on info@harewoodlaw.com and we will be more than happy to assist.
