Extradition Explained – Part 1: What Happens if I am Arrested on an Extradition Warrant?

What is Extradition?

It is the process whereby one state seeks the surrender of a person from another state in order to either prosecute them for an offence or to make them serve a custodial sentence.

An extradition request can be made from most EU countries, which are referred to as Part 1 cases, or from other countries whom the UK have an extradition treaty, which are referred to as Part 2 cases.

All extradition requests made to the UK from another country are governed by the Extradition Act 2003.

Arrested on an Extradition Warrant

Extradition requests act as domestic arrest warrants and give the UK police the power to arrest someone for the purpose of bringing them before a court.

If you are arrested on an extradition warrant, you will not be interviewed by police and will simply be taken to court. For this reason, you will not usually be offered a solicitor. You still have the right to have your chosen solicitor informed of your arrest and to request that you be able to speak to them to seek advice. You also have the right to inform a family member or friend of your arrest and to inform them where you will be taken.

The only court that deals with extradition requests in England & Wales is Westminster Magistrates’ Court in London. You will be brought to the court for an initial hearing before a District Judge “as soon as practicable” after your arrest (usually the following day).

The Crown Prosecution Service (‘CPS’) represent the Requesting State/International Judicial Authority (‘IJA’).

Most people arrested on an extradition warrant are represented by the duty solicitor at court, but you are entitled to instruct an own solicitor of your choosing.

Initial Extradition Hearing

At the Initial Extradition Hearing, the Judge will check the following:

• Are you are the person named in the extradition warrant?
  If this is in question, it is for the IJA to prove your identity on a balance of probability.
  If they cannot, you will be released.
• Was there any delay in you being produced before the court?
  If you have not been produced as soon as practicable, you must be discharged and released.
• Was a copy of the extradition warrant given to you as soon as practicable after arrest?
  If not, you may be discharged and released.
• Are you subject to any domestic proceedings?
  If you have been charged with a criminal offence in the UK the Extradition court will not be able to deal with the extradition request until these domestic criminal matters have concluded.

If the Judge is satisfied that the extradition matter can proceeded, you will need to decide whether you wish to consent to or contest your extradition.

If you consent, you are agreeing to be removed from the UK and returned to the Requesting State. A form will need to be signed in front of the Judge, which means that you are waiving your right to challenge your extradition. The decision to consent cannot be taken back and you cannot appeal the extradition order. You will normally be removed from the UK within 10 days.

If you contest your extradition, this means that you are refusing to consent to being removed to the Requesting State. Your solicitor will need to confirm with the Judge the issues which are being raised to challenge your extradition. The case will be listed for a Final Extradition Hearing on a date in the future for a Judge to hear the arguments for and against your extradition.

Bail

The Judge will then move on to deal with the issue of bail.

It is very common in extradition proceedings for the CPS to oppose bail and a full bail application with a package of conditions will need to be put forward by your solicitor. These conditions generally include:

• A pre-release security (money) to be paid to the court.
• For you to live and sleep at your home address.
• For you to adhere to an electronically monitored curfew between certain hours.
• For you to report to your local police station on certain days.
• For your passport/ID documents to be retained by the police or surrendered to your local police station.
• A restriction on you being able to apply for or be in possession of any international travel documents.
• A restriction on you being able to enter any international travel hubs, including airports, international train stations and ports.
• For you to keep mobile phone switched on and charged twenty four a day, so that you can answer any incoming calls as required.

If you are refused bail at the Initial Extradition Hearing, the court will list your case for a second bail application in 7 days time.

What should I do if I suspect that there is a Warrant for my Extradition or if I have been arrested on an Extradition Warrant?

It is strongly advised that you get in touch with specialist Extradition solicitors to represent you.

They in turn will either contact the police to arrange your voluntary surrender or will make arrangements to represent you at Westminster Magistrates Court when you are produced by the police.

This will enable your solicitor to begin to consider the issues which will be raised to prevent your extradition and also to begin to prepare a strong bail application to ensure that you are released from custody as soon as possible.

If you have concerns about extradition to any foreign state please call to speak to one of our extradition experts for an initial free and private consultation. Please call 0330 822 3451 or request a callback online.