Extradition
If you are facing extradition it is very important that you make the right choices about whether you wish to consent or contest the application by the requesting state.
Different rules apply depending on which country wishes to extradite you and all requests can be contested or challenged. It is important to obtain bail as early as possible to assist your challenge.
We have a specialist team dealing with extradition requests as this is a niche area of law that requires expertise of extradition law and Human Rights. We are members of the Defence Extradition Lawyers Forum which promotes knowledge and expertise in this area. There is a burden on you to produce as much material as possible at the earliest possible stage – there is no time to lose.
Extradition is the process of another country seeking the return of a ‘requested person’ in order to either prosecute them for an offence or so that they can serve an outstanding sentence.
The request for extradition is made by the requesting state issuing a ‘European Arrest Warrant’ (EAW) which is then certified by the National Crime Agency. Once a person is wanted under an EAW they are liable to arrest. If arrested they will be detained by local police and transported to Westminster Magistrates’ Court for the next court session.
A Red Notice is a request to locate and provisionally arrest an individual pending extradition and is issued by the General Secretariat at the request of a member country or an international tribunal.
Extradition can be a very stressful and complicated process. There is no ‘presumption in favour of bail’ as in regular criminal cases and the arguments that can be run in opposition to extradition are often highly technical in nature. There is also the additional issue of a language barrier if the requested person is not originally from the UK. Legal advice is therefore essential to anyone facing extradition.
On top of this, extradition is a particularly fast-moving area of law that is constantly being re-shaped by new judgments and legislative amendments. If you require advice in connection with an extradition matter or you know someone who does, it is essential to instruct a firm with the appropriate experience and expertise.
GT Stewart Solicitors has a dedicated extradition department and a team of solicitors who regularly deal with extradition cases at both Magistrates’ Court and High Court level. We have a reputation for tenaciously pursuing cases in the appellate courts, one example being the widely reported case of FK [2012] UKSC 25 which was pursued up to the Supreme Court where the client’s appeal succeeded. This case changed the way in which the Article 8 rights of children are addressed in extradition cases and our client was successful in quashing the request given her roots in this country.
We take pride in pursuing every avenue of challenge to an EAW and we work closely with the top extradition barristers in London. We also have an excellent understanding of how to use expert evidence successfully and a catalogue of specialist expert witnesses including child psychologists, anti-trafficking organisations and experts on foreign prison conditions.
We undertake work both privately and on a publicly funded basis, and we will be happy to speak with you about whether Legal Aid is available for your case. If you have an extradition matter please contact us to discuss how we can help.
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GT Stewart has established itself as a leading firm in the UK for criminal law, family & childcare, housing, mental health law, specialising in both private cases and also Legal Aid work.
We pride ourselves on regular referrals from other firms and agencies
We are known for our tenacity when representing those engaged in challenging the State or defending themselves against a prosecution.
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