Extradition is the legal process where a person is surrendered by one country to another for the purposes of being prosecuted, sentenced for a criminal offence, or to serve a sentence already imposed. These proceedings can be an overwhelming and complex process, especially when it involves an individual's potential transfer from the UK to another country.
The law governing extradition in the UK is set out in the Extradition Act 2003, a highly intricate piece of legislation providing the domestic legal basis to make extradition requests to EU Member States (Category 1) under the arrangements of Title VII of the EU-UK Trade and Cooperation Agreement (TaCA). The Extradition Act 2003 defines three key purposes for extradition:
- To prosecute someone for a criminal offence
- To sentence someone for an offence already convicted
- To enforce a sentence already handed down
Extradition requests made to non-EU countries (Category 2) are not covered by statute except for limited provisions. Instead, these extradition requests are drafted by prosecutors and are issued and transmitted overseas by the Home Office under Royal Prerogative.
The Extradition Process
1.Initial Extradition Hearing
When an individual is arrested for extradition, they will first appear before the Westminster Magistrates' Court in London for an initial hearing. The specific procedure varies depending on whether the extradition is to a Category 1 or Category 2 territory.
For Category 1 territories (EU member states), the process begins with a TaCA warrant, which is sent to the National Crime Agency (NCA) in the UK. If the warrant is deemed proportionate and approved, the individual is arrested and will be brought to Westminster Magistrates' Court within 48 hours for the initial hearing.
For Category 2 territories (countries outside the EU), the Home Secretary will receive the extradition request and decide whether to certify the extradition. This is also followed by a hearing at Westminster Magistrates' Court.
During this first hearing:
- The judge will verify the identity of the person arrested to ensure they match the individual named in the arrest warrant.
- The individual will be briefed on the contents of the arrest warrant and their rights.
- A date will be set for the full extradition hearing (usually within 21 days of arrest).
- The judge will decide whether the individual should be granted bail or remanded in custody.
2.The Extradition Hearing
The full extradition hearing involves a detailed examination of the request and various legal arguments. The judge will assess whether the conditions for extradition are met, including whether the offence is a "dual criminality" matter, meaning that the crime must be a criminal offence in both the requesting country and the UK.
Extradition will not proceed if:
- The offence does not meet the dual criminality test.
- The individual faces potential human rights violations, such as torture, unfair trial conditions, or risk of the death penalty in the requesting country.
- There are concerns related to mental health or physical health, or the individual's right to family life is at risk (as per Article 8 of the Human Rights Act).
3. Legal Considerations and Human Rights
Extradition proceedings often intersect with issues of civil liberties and human rights. If an individual is likely to face an unfair trial, torture, or punishment that violates their human rights, they may have grounds to oppose extradition. For example:
- If the requesting country has a history of human rights violations, it may influence the judge's decision.
- Mental health issues, including the potential for inadequate healthcare in the requesting country, can be a factor in the extradition decision.
- Article 8 of the Human Rights Act, which protects an individual's right to a family life, may also be relevant in some extradition cases.
Appealing Extradition
Extradition cases can be subject to multiple levels of appeal, and the process can take months or even years. Once the initial hearing has been completed and the court orders extradition, the individual facing extradition can appeal the decision.
- Category 1 cases: The appeal must be lodged within 7 days from the extradition order.
- Category 2 cases: The appeal period is 14 days.
Appeals can be made to the High Court, and in some cases, the Supreme Court may become involved. If human rights concerns are raised, the individual may also appeal to the European Court of Human Rights.
The extradition process is legally complex and can be emotionally taxing for both the individual facing extradition and their loved ones. For those facing potential extradition, it is crucial to seek expert legal advice as soon as possible.
At Duncan Lewis, we specialise in representing clients in extradition cases, offering comprehensive legal support from the moment an arrest is made. Our solicitors have significant experience in both Category 1 and Category 2 extradition matters and can guide individuals through the entire legal process. Our team is skilled in advising on:
- Bail applications and appeals against extradition.
- Challenging extradition requests on human rights grounds, including the risk of torture, an unfair trial, or breach of family rights.
- Appealing against extradition orders in the High Court or Supreme Court.
Additionally, we have experienced solicitors in areas such as immigration law, human rights law, and mental health law—all of which can be relevant in extradition cases. For advice or assistance on a criminal law matter, call us today on 033 3772 0409.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
