Extradition is the formal legal process by which one country asks another country for the return of an individual to face a criminal trial in the requesting state. Extradition can also be requested for an individual who is wanted abroad following conviction in the requesting state.
Being the target of an extradition request is a very stressful and harrowing experience for both the subject and their family. Due to the speed at which the process can happen it is crucial that you obtain expert representation as quickly as possible. Knowing what your rights are and understanding your options is essential. Our specialised extradition team is on call 24/7 and has the knowledge and experience required to help you.
Even if you only suspect that an extradition request is on its way, it pays to be prepared. Taking preemptive action may also enable us to avoid an unexpected arrest and put in place procedures to maximise your chances of bail.
Extradition in the UK has become increasingly streamlined since the introduction of the Extradition Act 2003 and the process can move extremely quickly, particularly in cases concerning European Arrest Warrant under Part 1 of the Act. Extradition is a complex area of law and it is crucial that anyone who is the target of an extradition request seeks advice as soon as possible.
Rees Clayton can advise you in relation to all possible defences to an extradition request. In particular, we have unparalleled experience in handling complex cases involving politically motivated charges. We have substantial experience in dealing with requests from the Russian Federation and other former Soviet States, and we have also been involved in high profile cases involving the USA and EU countries. We maintain an impressive network of lawyers abroad who are able to assist in representing our clients and are equally experienced in managing large multi-jurisdictional teams.
For more information please contact us.
Extradition Act 2003
The Extradition Act 2003 regulates all extradition in the UK. The first two Parts of the Act deal with ‘export-extradition’ out of the UK. Part 1 deals with extradition under the European Arrest Warrant system and Part 2 deals with al
l other requests.
Part 1 of the Extradition Act
Countries under Part 1 of the Act:
| Austria | Germany | The Netherlands |
| Belgium | Gibraltar | Poland |
| Bulgaria | Greece | Portugal |
| Croatia | Hungary | Romania |
| Cyprus | Ireland | Slovakia |
| Czech Republic | Italy | Slovenia |
| Denmark | Latvia | Spain |
| Estonia | Lithuania | Sweden |
| Finland | Luxembourg | |
| France | Malta |
These countries all make extradition requests through the European Arrest Warrant system.
The European Arrest Warrant
European Arrest Warrants facilitate the rapid return of fugitives to the requesting country throughout any of the member states listed above.
The system is based on and interpreted by UK courts with mutual respect for the legal systems of each member country. This makes resisting extradition from Category 1 territories extremely difficult and one will need to put forward an extremely strong case in order to defeat the extradition request.
Extradition Process under Part 1:
- The warrant is transmitted to the National Crime Agency
- The warrant is certified and becomes executable by UK law officials
- On arrest, the requested person is taken to Westminster Magistrates Court
- An initial hearing is held where an extradition hearing date is set
- At the extradition hearing, the judge will decide whether there are any bars to extradition and whether the person should be ‘surrendered’ to the requesting country.
Due to the speed at which this system operates it is crucial to obtain effective representation as soon as possible.
Part 2 of the Extradition Act
Countries under Part 2 of the Act:
| Albania | Guyana | Peru |
| Algeria | Hong Kong | The Republic of Korea |
| Andorra | Haiti | Russian Federation |
| Antigua & Barbuda | Iceland | St. Christopher & Nevis |
| Argentina | India | St. Lucia |
| Armenia | Iraq | St. Vincent & the Grenadines |
| Australia | Israel | San Marino |
| Azerbaijan | Jamaica | Serbia |
| The Bahamas | Kenya | Seychelles |
| Bangladesh | Kiribati | Sierra Leone |
| Barbados | Lesotho | Solomon Islands |
| Belize | Liberia | South Africa |
| Bolivia | Libya | Sri Lanka |
| Bosnia & Herzegovina | Liechtenstein | Swaziland |
| Botswana | Macedonia | Switzerland |
| Brazil | Malawi | Tanzania |
| Brunei | Malaysia | Thailand |
| Canada | Maldives | Tonga |
| Chile | Mauritius | Trinidad & Tobago |
| Colombia | Mexico | Turkey |
| Cook Islands | Moldova | Tuvalu |
| Cuba | Monaco | Uganda |
| Dominica | Montenegro | Ukraine |
| Ecuador | Nauru | Uruguay |
| El Salvador | New Zealand | The United Arab Emirates |
| Fiji | Nicaragua | The United States of America |
| The Gambia | Nigeria | Vanuatu |
| Georgia | Norway | Western Samoa |
| Ghana | Panama | Zambia |
| Grenada | Papua New Guinea | Zimbabwe |
| Guatemala | Paraguay |
Extradition Process under Part 2:
- An extradition request is made to the Secretary of State
- If certified, the request is forwarded to the court and an arrest warrant is issued
- On arrest the defendant is brought to Westminster Magistrates’ Court for an initial hearing and a date for an extradition hearing will be set
- At the extradition hearing, a judge will determine whether there are any bars to extradition and decides whether the case should be sent to the Secretary of State for a decision
- The Secretary of State will decide whether or not to extradite
Under Part 2 some countries are still required to produce evidence regarding the offence itself but this requirement has been removed in many instances.
Extradition Act 2003
The Extradition Act 2003 regulates all extradition in the UK. The first two Parts of the Act deal with ‘export-extradition’ out of the UK. Part 1 deals with extradition under the European Arrest Warrant system and Part 2 deals with all other requests.
Part 1 of the Extradition Act
Countries under Part 1 of the Act:
| Austria | Germany | The Netherlands |
| Belgium | Gibraltar | Poland |
| Bulgaria | Greece | Portugal |
| Croatia | Hungary | Romania |
| Cyprus | Ireland | Slovakia |
| Czech Republic | Italy | Slovenia |
| Denmark | Latvia | Spain |
| Estonia | Lithuania | Sweden |
| Finland | Luxembourg | |
| France | Malta |
These countries all make extradition requests through the European Arrest Warrant system.
The European Arrest Warrant
European Arrest Warrants facilitate the rapid return of fugitives to the requesting country throughout any of the member states listed above.
The system is based on and interpreted by UK courts with mutual respect for the legal systems of each member country. This makes resisting extradition from Category 1 territories extremely difficult and one will need to put forward an extremely strong case in order to defeat the extradition request.
Extradition Process under Part 1:
- The warrant is transmitted to the National Crime Agency
- The warrant is certified and becomes executable by UK law officials
- On arrest, the requested person is taken to Westminster Magistrates Court
- An initial hearing is held where an extradition hearing date is set
- At the extradition hearing, the judge will decide whether there are any bars to extradition and whether the person should be ‘surrendered’ to the requesting country.
Due to the speed at which this system operates it is crucial to obtain effective representation as soon as possible.
Part 2 of the Extradition Act
Countries under Part 2 of the Act:
| Albania | Guyana | Peru |
| Algeria | Hong Kong | The Republic of Korea |
| Andorra | Haiti | Russian Federation |
| Antigua & Barbuda | Iceland | St. Christopher & Nevis |
| Argentina | India | St. Lucia |
| Armenia | Iraq | St. Vincent & the Grenadines |
| Australia | Israel | San Marino |
| Azerbaijan | Jamaica | Serbia |
| The Bahamas | Kenya | Seychelles |
| Bangladesh | Kiribati | Sierra Leone |
| Barbados | Lesotho | Solomon Islands |
| Belize | Liberia | South Africa |
| Bolivia | Libya | Sri Lanka |
| Bosnia & Herzegovina | Liechtenstein | Swaziland |
| Botswana | Macedonia | Switzerland |
| Brazil | Malawi | Tanzania |
| Brunei | Malaysia | Thailand |
| Canada | Maldives | Tonga |
| Chile | Mauritius | Trinidad & Tobago |
| Colombia | Mexico | Turkey |
| Cook Islands | Moldova | Tuvalu |
| Cuba | Monaco | Uganda |
| Dominica | Montenegro | Ukraine |
| Ecuador | Nauru | Uruguay |
| El Salvador | New Zealand | The United Arab Emirates |
| Fiji | Nicaragua | The United States of America |
| The Gambia | Nigeria | Vanuatu |
| Georgia | Norway | Western Samoa |
| Ghana | Panama | Zambia |
| Grenada | Papua New Guinea | Zimbabwe |
| Guatemala | Paraguay |
Extradition Process under Part 2:
- An extradition request is made to the Secretary of State
- If certified, the request is forwarded to the court and an arrest warrant is issued
- On arrest the defendant is brought to Westminster Magistrates’ Court for an initial hearing and a date for an extradition hearing will be set
- At the extradition hearing, a judge will determine whether there are any bars to extradition and decides whether the case should be sent to the Secretary of State for a decision
- The Secretary of State will decide whether or not to extradite
Under Part 2 some countries are still required to produce evidence regarding the offence itself but this requirement has been removed in many instances.