Extradition proceedings in the UK

In the UK, you’ll be arrested if there is a request for your extradition from another country.

You’ll be taken to the Westminster Magistrates’ Court in London for the initial hearing, and you can say whether you consent to the request, or you want to challenge it. Read our blog about what happens at an extradition hearing for more information about the logistics.

If you consent, then you’ll be taken to the requesting country within 10 days. If you challenge the extradition, then the court will set a date for an extradition hearing, and put in place a timetable for the steps that need to be completed before the hearing.

You’ll also have the opportunity to apply for bail at this stage, which means you won’t have to spend time in jail while you wait for the hearing. The court will probably put conditions on your bail, such as giving you a curfew by which you have to be in your home, or temporarily withholding your travel documents.

Each of these stages can be daunting and confusing if you haven’t had experience of the legal system before. That’s why it’s a good idea to have a lawyer on board from the start. We can help you navigate the process, and put your best foot forward to give you a good chance of getting the outcome you want.

Instruct a lawyer

The first thing to do is to instruct a lawyer who is an expert in extradition matters. You can speak to us at Harewood Law for example.

The reason you need specialist lawyers is to guide you through the court process of extradition. We can help you prepare your case and make all the legal arguments for you to remain in the UK (if that’s what you want to do).

We also have a network of other specialist lawyers who can help on your case. For example, you need a barrister, who represents you in court, and does all of the advocacy for you. Sometimes we need to speak to foreign lawyers to understand the extradition process in their country, and negotiate with the authorities there. Our trusted foreign solicitors help prepare your case too, especially if the crime you are accused of is considered less serious in the UK than it is in the requesting country. With Harewood Law as your solicitors, we can get all of this vital information for you.

Legal aid is available for extradition proceedings, which means that you can get a contribution towards your legal costs from the Government, if you qualify.

Whether or not you qualify depends on your current financial situation, and various things are taken into account such as; (i) your monthly income and (ii) how many child dependents you have.

As lawyers who regularly make applications for legal aid, we can advise you whether it’s available in your specific case, and make the application for you.

Preparing your case

To prepare your case, we look for reasons to say that the extradition request is not valid, or that it is not fair.

For example, the request may be invalid if too much time has passed since the alleged offence was committed, or if the offence you are accused of actually isn’t a criminal offence in the UK.

There may be human rights reasons that suggest that you should not be extradited. There may be political or social issues in the requesting country that will interfere with your right to a fair trial, or your right to a private life. Or there may be a possibility that you’ll face inhumane or degrading treatment in the other country.

There are several legal ‘bars’ to extradition, and if you fall inside one of those categories, then you will not be extradited. One example is that your health is poor and it would be unjust to extradite you.

Whatever your circumstances, we can prepare a case that gives you the best chance of avoiding extradition if that’s what you want to do.

If your extradition has been ordered already, and you haven’t been extradited in the required 10 day period, then we can apply to Westminster Magistrates’ Court for you to get the request discharged. That means that you’ll be allowed to stay in the country. This is only possible if there has been no extension to the 10 day period.

Informing people who need to know

There is no requirement for you to inform anybody if you don’t want to. But sometimes, it’s worth letting your employer know what’s happening. For example, if you work shifts, you might have to change your pattern if you’ve been given a curfew of 6pm as part of your bail conditions.

Does anybody else need to know about the threat of your extradition? Possibly your landlord may need to know, or any childcare arrangements that you have in place. It’s completely up to you who you tell.

We’re on your side and we’re here to help. If you’re going through extradition proceedings and you need a lawyer, please get in touch with one of our friendly team. Harewood Law are based in Leeds, near Bradford, Halifax, Wakefield, Huddersfield, Keighley and we cover West Yorkshire and across the UK, so contact Harewood Law today.

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.